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Document Type

Article

Media Type

Text

Abstract

Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination. Title II of the ADA prohibits discrimination in the provision of programs, services, or activities by federal, state, and local government entities. Title I, however, contains significant coverage gaps: federal employees, and employees of employers with less than fifteen employees, are not covered. When these employees are discriminated against on the basis of disability, they often sue under Title II, which does not contain the Title I exclusions. The federal circuit courts are split on the issue of whether the ADA Title II applies to employment discrimination claims. The Ninth Circuit has held that it does not, reasoning that the exclusions in Title I would be meaningless if litigants could back-door their claims via Title II. The Second, Fourth, Fifth, and Eleventh Circuits, however, relying on the plain language of the statute and on Department of Justice regulations, have held that Title II does apply to employment discrimination claims. This article agrees with the latter set of circuits, arguing that such an interpretation is consistent with the statute's plain language, legislative history, legislative intent, and administrative regulations.

First Page

183

Last Page

214

Publication Date

5-1-2008

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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