Disability Discrimination: U.S. Supreme Court Cases
Disability discrimination encompasses different aspects of unfavorable treatment such as harassment in the workplace or inaccessibility to buildings and businesses. Specifically, this form of discrimination occurs when an entity covered under the Americans with Disabilities Act or Section 504 treats an individual unfairly because they have a disability, a history of a disability, or is closely associated with someone who has a disability. The United States Supreme Court has decided many cases that deal with disability discrimination in various settings such as employment, public accommodations, and more.
Below is a list of U.S. Supreme Court cases involving the rights of disabled persons and disability discrimination, including links to the full text of the U.S. Supreme Court decisions.
- Bragdon v. Abbott (1998) The Court holds that HIV infection qualifies as a disability under the Americans with Disabilities Act (ADA).
- Wright v. Universal Maritime Service Corp. (1998) In this case, the Supreme Court revisits the issue of whether a collective bargaining agreement requiring arbitration can prohibit the party from taking their EEO claim to federal court. The Court held that the collective bargaining agreement at issue did not contain a clear and unmistakable waiver. Therefore the charging party could pursue his employment discrimination claim in court.
- Cleveland v. Policy Management Systems Corp. (1999) The Supreme Court agrees with Equal Employment Opportunity Commission's (EEOC) position that a plaintiff can go forward with his or her Americans with Disabilities Act case despite having filed an earlier claim for disability under the Social Security Act alleging he or she is unable to work.
- Murphy v. United Parcel Service, Inc. (1999) In this case, the Court explains how to determine whether an impairment "substantially limits" a major life activity under the Americans with Disabilities Act (ADA).
- Sutton v. United Airlines, Inc. (1999) The Court clarifies the definition of "disabled" under the Americans with Disabilities Act (ADA).
- Board of Trustees of University of Alabama v. Garrett (2001) The Court denied the right of employees to sue their employers for money damages for violations of Title I of the Americans with Disabilities Act (ADA), which prohibits discrimination against people with disabilities.
- Toyota Motor Manufacturing, Kentucky Inc. v. Williams (2002) (super seceded by The Americans with Disabilities Act Amendments Act (ADAAA)). The Court holds that a person is substantially limited in a major life activity, within the meaning of the ADA, if he or she has "an impairment that prevents or significantly restricts the individual from doing activities that are of central importance to most people's daily lives."
- Raytheon Co. v. Hernandez (2003) The Court finds that under the Americans with Disabilities Act (ADA), a neutral no-rehire policy is a legitimate, non-discriminatory reason for refusing to hire an employee who had a record of drug addiction.
- Spector v. Norwegian Cruise Line Ltd. (2005) The Court determined that the Americans with Disabilities Act (ADA) applied to foreign cruise ships in American waters.
- Fry v. Napolean Community Schools (2017) The Court clarifies the definition of "disabled" under the Americans with Disabilities Act (ADA) and allows students to bring lawsuits directly under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) without requesting an administrative hearing under the Individuals with Disabilities Education Act (IDEA) when their claim is not related to the adequacy of their education.
Obtain Legal Help for your Disability Discrimination Claim
U.S. Supreme Court cases describe the government's intolerance of disability discrimination. Dealing with a mental or physical disability can be very difficult, but being discriminated against because of it is unacceptable. Has your disability made you a target for unfair treatment? Has the treatment resulted in lower wages, denial of housing rights, or some other injustice? If you suspect that you have been discriminated in this way, then you should talk to a civil rights attorney who deals with discrimination issues.
Disability Discrimination: Applicable Laws
Disability discrimination occurs when a person is treated unfairly due to their mental or physical disability, or perception of a disability. Like many forms of discrimination, this type of discrimination can include many forms such as, verbal or physical harassment. Disability discrimination can also include denying the disabled access to services, businesses, and buildings.
Below is a list of federal laws that prohibit discrimination based on disability in a number of settings, and links to the full texts of those laws. (Note: Many states have civil rights laws of their own which mirror those at the federal level, so your state may have its own laws that are very similar to those identified below. In addition, municipalities like cities and counties can enact ordinances and laws related to civil rights.) Follow along as FindLaw presents applicable laws preventing disability discrimination.
The Air Carrier Access Act of 1986 (ACAA)
The Air Carrier Access Act of 1986 (ACAA) prohibits discrimination against individuals with disabilities in provision of (and access to) air transportation. The ACAA applies to all United States air carriers and foreign carriers that have flights that start or terminate at a U.S. airport.
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) protects persons with disabilities from discrimination in many aspects of life including: employment, education, and access to public accommodations. Other areas covered under the ADA are: commercial facilities, transportation, and telecommunications.
The Architectural Barriers Act of 1968 (ABA)
The Architectural Barriers Act of 1968 (ABA) requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons.
The Fair Housing Act (FHA)
The Fair Housing Act (FHA) was enacted as Civil Rights Act Title VIII in 1968. The 1988 amendment to the FHA added disability and families with children to the covered classes. The Fair Housing Act prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, sex, familial status, and disability.
The Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) ensures that the rights of students with disabilities are protected, and that all children with disabilities have free appropriate public education available to them.
The Rehabilitation Act of 1973
The Rehabilitation Act of 1973 protects disabled individuals from discrimination by employers and organizations that receive federal financial assistance. Specifically, Section 504 of the Act protects discrimination on the basis of disability in the provision of educational services and opportunities in educational institutions that receive federal funding.
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is the federal law that mandates employers to allow their employees time off, and to not discriminate against them, for taking care of family and personal medical needs.
Section 1557 of the Affordable Care Act (ACA)
The Section 1557 of the Affordable Care Act (ACA) is a nondiscrimination provision that bans discrimination on the basis of disability, race, color, national origin, age, and sex in certain health care programs or activities. Covered entities include: any health program or activity that is funded and/or administrated by the U.S. Department of Health and Human Services (HSS) and any Health Insurance marketplace insurers.
CQL Training PLAYLIST
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MAKING THE POM (How to complete the POM)
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Decision Making with Personal Outcome Measures
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PLANNING THE DAY FOR THE PERSON WHOSE DAY IT IS
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POM & SELF ADVOCATES
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SIMPLY OBSERVING LEADS TO an Aha Moment
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WHEN A LITTLE RESPECT GOES A LONG WAY
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FROM INSTITUTIONS TO COMMUNITY
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LISTENING TO WHAT PEOPLE WANT
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A PERSONAL REFLECTION ON THE POMS
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Basic Assurance Systems
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HCBS
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