Ironically, states' rights, an issue that divided the country during the Civil War, will be resurrected when the U.S. Supreme Court hears oral arguments in The Board of Trustees of the University of Alabama, et al v. Garrett, et al (No. 991240) on October 11.
The case involves Patricia Garrett, an employee of the University of Alabama-Birmingham (UAB), University Hospital, and Milton Ash, who was employed as a youth services officer for the Alabama Department of Youth Services (ADYS). After Garrett was diagnosed with breast cancer in 1994, she contends her supervisor made negative comments about her disability, and repeatedly threatened to transfer her from her position as director of nursing at the hospital's Women's Services/Neonatology unit.
Although Garrett could perform the essential functions of her job, she was demoted shortly after returning from sick leave. She filed suit, alleging UAB...
· Violated her rights under the Americans With Disabilities Act (ADA) and discriminated against because of her disability by forcing her from the director of nursing position;
· Failed to accommodate her, by not offering another comparable position; and
· Retaliated against her for requesting this accommodation.
Ash, who has diabetes and several respiratory impairments, including chronic asthma, worked in a confined area and also drove vehicles for ADYS. Because of his asthma, he repeatedly asked ADYS to enforce its existing non-smoking policy, and to repair vehicles, which leaked carbon monoxide. Ash also asked to be transferred to another shift to accommodate a newly diagnosed condition - sleep apnea. After his requests were denied, he filed suit, alleging discrimination and retaliation.
When the two cases were combined, a federal judge dismissed the suit. He ruled that when Congress passed the ADA, it breached its constitutional authority outlined in the 11th Amendment, which bars a federal court from hearing claims brought by private citizens against a state.
Upon appeal, the 11th Circuit reversed the lower court's decision, holding states cannot claim constitutional immunity in ADA cases, and that under the provisions of the 14th Amendment, Congress had the authority to pass this law. Enacted after the Civil War, the 14th Amendment prohibits states from discriminating, and guarantees equal rights and due process to all citizens.
Alabama appealed the lower court's decision in Garrett to the Supreme Court. Fourteen states, including Arizona, Connecticut, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Minnesota, Missouri, New Mexico, New York, North Dakota, Vermont, and Washington, as well as the U.S. Solicitor General submitted briefs in support of Garrett and Ash. Garrett tests two ADA provisions - Title I, which prohibits disability-based employment discrimination, and Title II, which prohibits state and local governments from any form of disability-based discrimination in its programs and services.
However, if the Supreme Court rules that Congress overstepped its authority in passing and ordering states to comply with the ADA, disability advocates believe the law itself is threatened. They contend people with disabilities could lose all their civil rights, including those that provide access to buildings, as well as state and local programs, and services.
For more stories like this one and many other resources, please see the Americans with Disabilities Act homepage.