board
trustees
university
alabama
et
al
garrett
et
argued
october
decided
february
respondents
garrett
ash
filed
separate
lawsuits
petitioners
alabama
state
employers
seeking
money
damages
title
americans
disabilities
act
ada
prohibits
employers
discriminat
ing
qualified
individual
disability
th
disability
regard
terms
conditions
privileges
employment
opinion
disposing
cases
district
granted
petitioners
summary
judgment
agreeing
ada
exceeds
congress
authority
abrogate
state
eleventh
amendment
immunity
eleventh
circuit
reversed
ground
ada
validly
abrogates
immunity
held
suits
federal
state
employees
recover
money
damages
reason
state
failure
comply
title
ada
barred
eleventh
amendment
pp
congress
may
abrogate
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amendment
immunity
unequivocally
intends
acts
pursuant
valid
grant
constitutional
authority
kimel
florida
bd
regents
second
requirements
dispute
congress
may
base
abrogation
state
immunity
upon
article
powers
see
may
subject
nonconsenting
suit
pursuant
valid
exercise
power
fourteenth
amendment
see
section
authorizes
congress
enforce
substantive
guarantees
contained
amendment
enacting
appropriate
legislation
see
city
boerne
flores
responsibility
congress
define
substance
constitutional
guarantees
legislation
extent
reaches
beyond
precise
scope
protections
must
exhibit
congruence
proportionality
injury
prevented
remedied
means
adopted
end
pp
first
step
applying
principles
identify
precision
scope
constitutional
right
issue
inquiry
requires
examination
limitations
fourteenth
amendment
places
upon
treatment
disabled
looks
prior
decisions
equal
protection
clause
dealing
issue
kimel
supra
cleburne
cleburne
living
center
held
inter
alia
mental
retardation
qualify
classification
equal
protection
purposes
accordingly
city
ordinance
requiring
special
use
permit
operation
group
home
mentally
retarded
incurred
minimum
review
applicable
general
social
economic
legislation
although
negative
attitudes
fear
often
accompany
irrational
biases
presence
alone
constitutional
violation
make
thus
fourteenth
amendment
require
make
special
accommodations
disabled
long
actions
toward
individuals
rational
quite
hardheadedly
perhaps
hardheartedly
hold
requirements
make
allowance
disabled
special
accommodations
disabled
required
come
positive
law
equal
protection
clause
pp
requirements
private
individuals
recover
money
damages
state
discrimination
violative
fourteenth
amendment
remedy
imposed
congress
congruent
proportional
targeted
violation
met
first
ada
legislative
record
fails
show
congress
identified
history
pattern
irrational
employment
discrimination
disabled
see
kimel
supra
eleventh
amendment
immunity
extend
local
governmental
units
cities
counties
see
lincoln
county
luning
rejects
respondents
contention
inquiry
unconstitutional
discrimination
extend
units
well
congress
made
general
finding
ada
historically
society
tended
isolate
segregate
individuals
disabilities
despite
improvements
forms
discrimination
continue
serious
pervasive
social
problem
although
record
includes
instances
support
finding
great
majority
incidents
deal
state
activities
employment
even
determined
half
dozen
relevant
examples
record
showed
unconstitutional
action
part
incidents
taken
together
fall
far
short
even
suggesting
pattern
unconstitutional
discrimination
legislation
must
based
see
kimel
supra
moreover
statements
house
senate
committee
reports
indicate
congresss
targeted
ada
employment
discrimination
private
sector
second
rights
remedies
created
ada
raise
sort
concerns
congruence
proportionality
found
city
boerne
supra
example
entirely
rational
therefore
constitutional
state
employer
conserve
scarce
financial
resources
hiring
employees
able
use
existing
facilities
ada
requires
employers
make
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readily
accessible
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disabled
individuals
ada
except
employers
reasonable
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requirement
employer
demonstrate
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impose
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hardship
upon
even
exception
accommodation
duty
far
exceeds
constitutionally
required
ada
constitutional
shortcomings
apparent
compared
voting
rights
act
holding
latter
act
appropriate
legislation
enforce
fifteenth
amendment
protection
racial
discrimination
voting
south
carolina
katzenbach
emphasized
congress
documented
marked
pattern
unconstitutional
action
see
determined
litigation
proved
ineffective
remedy
problem
see
contrast
kind
evidence
detailed
katzenbach
evidence
congress
considered
present
case
stark
uphold
ada
application
allow
congress
rewrite
fourteenth
amendment
law
laid
cleburne
section
broadly
enlarge
congressional
authority
pp
reversed
rehnquist
delivered
opinion
scalia
kennedy
thomas
joined
kennedy
filed
concurring
opinion
joined
breyer
filed
dissenting
opinion
stevens
souter
ginsburg
joined
board
trustees
university
alabama
et
petitioners
patricia
garrett
et
al
writ
certiorari
appeals
eleventh
circuit
february
chief
justice
rehnquist
delivered
opinion
decide
whether
employees
state
alabama
may
recover
money
damages
reason
state
failure
comply
provisions
title
americans
disabilities
act
ada
act
stat
hold
suits
barred
eleventh
amendment
ada
prohibits
certain
employers
including
discriminat
ing
qualified
individual
disability
disability
individual
regard
job
application
procedures
hiring
advancement
discharge
employees
employee
compensation
job
training
terms
conditions
privileges
employment
end
act
requires
employers
mak
reasonable
accommodations
known
physical
mental
limitations
otherwise
qualified
individual
disability
applicant
employee
unless
employer
demonstrate
accommodation
impose
undue
hardship
operation
employer
business
easonable
accommodation
may
include
making
existing
facilities
used
employees
readily
accessible
usable
individuals
disabilities
job
restructuring
modified
work
schedules
reassignment
vacant
position
acquisition
modification
equipment
devices
appropriate
adjustment
modifications
examinations
training
materials
policies
provision
qualified
readers
interpreters
similar
accommodations
individuals
disabilities
act
also
prohibits
employers
utilizing
standards
criteria
methods
administration
effect
discrimination
basis
disability
act
defines
disability
include
physical
mental
impairment
substantially
limits
one
major
life
activities
individual
record
impairment
regarded
impairment
disabled
individual
otherwise
qualified
without
reasonable
accommodation
perform
essential
functions
employment
position
individual
holds
desires
respondent
patricia
garrett
registered
nurse
employed
director
nursing
services
university
alabama
birmingham
hospital
see
app
garrett
diagnosed
breast
cancer
subsequently
underwent
lumpectomy
radiation
treatment
chemotherapy
see
garrett
treatments
required
take
substantial
leave
work
upon
returning
work
july
garrett
supervisor
informed
garrett
give
director
position
see
garrett
applied
received
transfer
another
lower
paying
position
nurse
manager
see
ibid
respondent
milton
ash
worked
security
officer
alabama
department
youth
services
department
see
upon
commencing
employment
ash
informed
department
suffered
chronic
asthma
doctor
recommended
avoid
carbon
monoxide
cigarette
smoke
ash
requested
department
modify
duties
minimize
exposure
substances
see
ibid
ash
later
diagnosed
sleep
apnea
requested
pursuant
doctor
recommendation
reassigned
daytime
shifts
accommodate
condition
see
ultimately
department
granted
none
requested
relief
see
shortly
ash
filed
discrimination
claim
equal
employment
opportunity
commission
noticed
performance
evaluations
lower
received
previous
occasions
see
garrett
ash
filed
separate
lawsuits
district
seeking
money
damages
petitioners
moved
summary
judgment
claiming
ada
exceeds
congress
authority
abrogate
state
eleventh
amendment
immunity
see
supp
nd
single
opinion
ing
cases
district
agreed
petitioners
position
granted
motions
summary
judgment
see
cases
consolidated
appeal
eleventh
circuit
appeals
reversed
adhering
intervening
decision
kimel
state
bd
regents
cert
granted
cert
dismissed
ada
validly
abrogates
eleventh
amendment
immunity
granted
certiorari
resolve
split
among
courts
appeals
question
whether
individual
may
sue
state
money
damages
federal
ada
eleventh
amendment
provides
judicial
power
shall
construed
extend
suit
law
equity
commenced
prosecuted
one
citizens
another
state
citizens
subjects
foreign
state
although
terms
amendment
applies
suits
state
citizens
another
state
cases
extended
amendment
applicability
suits
citizens
see
kimel
florida
bd
regents
college
savings
bank
florida
prepaid
postsecondary
ed
expense
seminole
tribe
florida
hans
louisiana
ultimate
guarantee
eleventh
amendment
nonconsenting
may
sued
private
individuals
federal
see
kimel
supra
recognized
however
congress
may
abrogate
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amendment
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unequivocally
intends
act
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grant
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authority
first
requirements
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see
state
shall
immune
eleventh
amendment
constitution
action
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state
competent
jurisdiction
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chapter
question
whether
congress
acted
within
constitutional
authority
subjecting
suits
federal
money
damages
ada
congress
may
course
base
abrogation
eleventh
amendment
immunity
upon
powers
enumerated
article
see
kimel
supra
firmly
established
precedent
age
discrimination
employment
act
rests
solely
congress
article
commerce
power
private
petitioners
today
cases
maintain
suits
state
employers
seminole
tribe
supra
eleventh
amendment
restricts
judicial
power
article
iii
article
used
circumvent
constitutional
limitations
placed
upon
federal
jurisdiction
college
savings
bank
supra
florida
prepaid
postsecondary
ed
expense
bd
college
savings
bank
alden
maine
fitzpatrick
bitzer
however
held
eleventh
amendment
principle
state
sovereignty
embodies
necessarily
limited
enforcement
provisions
fourteenth
amendment
internal
citation
omitted
result
concluded
congress
may
subject
nonconsenting
suit
federal
pursuant
valid
exercise
power
see
ibid
cases
adhered
proposition
see
kimel
supra
accordingly
ada
apply
extent
statute
appropriate
section
fourteenth
amendment
provides
relevant
part
state
shall
make
enforce
law
shall
abridge
privileges
immunities
citizens
shall
state
deprive
person
life
liberty
property
without
due
process
law
deny
person
within
jurisdiction
equal
protection
laws
section
fourteenth
amendment
grants
congress
power
enforce
substantive
guarantees
contained
enacting
appropriate
legislation
see
city
boerne
flores
congress
limited
mere
legislative
repetition
constitutional
jurisprudence
rather
congress
power
enforce
amendment
includes
authority
remedy
deter
violation
rights
guaranteed
thereunder
prohibiting
somewhat
broader
swath
conduct
including
forbidden
amendment
text
kimel
supra
city
boerne
supra
city
boerne
also
confirmed
however
principle
responsibility
congress
define
substance
constitutional
guarantees
accordingly
legislation
reaching
beyond
scope
actual
guarantees
must
exhibit
congruence
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prevented
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means
adopted
end
ii
first
step
applying
familiar
principles
identify
precision
scope
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right
issue
inquiry
requires
us
examine
limitations
fourteenth
amendment
places
upon
treatment
disabled
last
term
kimel
see
look
prior
decisions
equal
protection
clause
dealing
issue
cleburne
cleburne
living
center
considered
equal
protection
challenge
city
ordinance
requiring
special
use
permit
operation
group
home
mentally
retarded
specific
question
us
whether
appeals
erred
holding
mental
retardation
qualified
classification
equal
protection
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answered
question
affirmative
concluding
instead
legislation
incurs
minimum
review
applicable
general
social
economic
statement
today
seems
quite
prescient
explained
large
amorphous
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mentally
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deemed
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mandate
desired
legislative
responses
claim
degree
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least
part
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one
need
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aging
disabled
mentally
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characteristics
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authority
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give
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constitutional
violation
classification
run
afoul
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protection
clause
rational
relationship
disparity
treatment
legitimate
governmental
purpose
heller
doe
citing
nordlinger
hahn
new
orleans
dukes
per
curiam
moreover
state
need
articulate
reasoning
moment
particular
decision
made
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burden
upon
challenging
party
negative
reasonably
conceivable
state
facts
provide
rational
basis
classification
heller
supra
quoting
fcc
beach
communications
justice
breyer
suggests
cleburne
stands
broad
proposition
state
decisionmaking
reflecting
negative
attitudes
fear
necessarily
runs
afoul
fourteenth
amendment
see
post
dissenting
opinion
quoting
cleburne
per
curiam
thus
result
cleburne
required
fourteenth
amendment
make
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long
actions
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quite
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headedly
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requirements
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disabled
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accommodations
disabled
required
come
positive
law
equal
protection
iii
determined
metes
bounds
constitutional
right
question
examine
whether
congress
identified
history
pattern
unconstitutional
employment
discrimination
disabled
fourteenth
amendment
applies
actions
committed
color
state
law
congress
authority
appropriately
exercised
response
state
transgressions
see
florida
prepaid
conduct
unremedied
patent
infringement
must
give
rise
fourteenth
amendment
violation
congress
sought
redress
patent
remedy
act
kimel
congress
never
identified
pattern
age
discrimination
much
less
discrimination
whatsoever
rose
level
constitutional
violation
legislative
record
ada
however
simply
fails
show
congress
fact
identify
pattern
irrational
state
discrimination
employment
disabled
respondents
contend
inquiry
unconstitutional
discrimination
extend
units
local
governments
cities
counties
say
state
actors
purposes
fourteenth
amendment
brief
respondents
quite
true
eleventh
amendment
extend
immunity
units
local
government
see
lincoln
county
luning
entities
subject
private
claims
damages
ada
without
congress
ever
rely
fourteenth
amendment
render
make
sense
consider
constitutional
violations
part
well
beneficiaries
eleventh
amendment
congress
made
general
finding
ada
historically
society
tended
isolate
segregate
individuals
disabilities
despite
improvements
forms
discrimination
individuals
disabilities
continue
serious
pervasive
social
problem
record
assembled
congress
includes
many
instances
support
finding
great
majority
incidents
deal
activities
respondents
brief
cite
half
dozen
examples
record
involve
department
head
university
north
carolina
refused
hire
applicant
position
health
administrator
blind
similarly
student
state
university
south
dakota
denied
opportunity
practice
teach
dean
time
convinced
blind
people
teach
public
schools
microfilmer
kansas
department
transportation
fired
epilepsy
deaf
workers
university
oklahoma
paid
lower
salary
hear
indiana
state
personnel
office
informed
woman
concealed
disability
disclose
wished
obtain
several
incidents
undoubtedly
evidence
unwillingness
part
state
officials
make
sort
accommodations
disabled
required
ada
whether
irrational
decision
cleburne
debatable
particularly
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even
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incident
upon
fuller
examination
showed
unconstitutional
action
part
state
incidents
taken
together
fall
far
short
even
suggesting
pattern
unconstitutional
discrimination
legislation
must
based
see
kimel
city
boerne
congress
enacting
ada
found
americans
one
physical
mental
disabilities
alone
employed
million
people
dept
commerce
bureau
census
statistical
abstract
ed
table
telling
think
given
large
numbers
congress
assembled
minimal
evidence
unconstitutional
state
discrimination
employment
disabled
justice
breyer
maintains
congress
applied
title
ada
response
host
incidents
representing
unconstitutional
state
discrimination
employment
persons
disabilities
close
review
relevant
materials
however
undercuts
conclusion
justice
breyer
appendix
consists
legislative
findings
unexamined
anecdotal
accounts
adverse
disparate
treatment
state
officials
post
course
already
explained
adverse
disparate
treatment
often
amount
constitutional
violation
scrutiny
applies
accounts
moreover
submitted
directly
congress
task
force
rights
empowerment
americans
disabilities
made
findings
subject
state
discrimination
see
task
force
report
entitled
ada
empowerment
congress
truly
understood
information
reflecting
pattern
unconstitutional
behavior
one
expect
mention
conclusion
act
legislative
findings
none
see
although
justice
breyer
infer
congress
general
conclusions
regarding
societal
discrimination
disabled
likewise
participated
action
post
house
senate
committee
reports
ada
flatly
contradict
assertion
describing
evidence
presented
senate
committee
labor
human
resources
subcommittee
including
task
force
report
upon
dissent
relies
committee
report
reached
among
others
following
conclusion
discrimination
still
persists
critical
areas
employment
private
sector
public
accommodations
public
services
transportation
telecommunications
emphasis
added
house
committee
education
labor
addressing
ada
employment
provisions
reached
conclusion
fter
extensive
review
analysis
number
congressional
sessions
exists
compelling
need
establish
clear
comprehensive
federal
prohibition
discrimination
basis
disability
areas
employment
private
sector
public
accommodations
public
services
transportation
telecommunications
pt
emphasis
added
thus
inference
justice
breyer
draws
unwarranted
also
strong
evidence
congress
failure
mention
legislative
findings
addressing
discrimination
employment
reflects
body
judgment
pattern
unconstitutional
state
action
documented
even
possible
squeeze
examples
pattern
unconstitutional
discrimination
rights
remedies
created
ada
raise
sort
concerns
congruence
proportionality
found
city
boerne
supra
example
whereas
entirely
rational
therefore
constitutional
state
employer
conserve
scarce
financial
resources
hiring
employees
able
use
existing
facilities
ada
requires
employers
mak
existing
facilities
used
employees
readily
accessible
usable
individuals
disabilities
ada
except
employers
reasonable
accommodatio
requirement
employer
demonstrate
accommodation
impose
undue
hardship
operation
business
covered
entity
however
even
exception
accommodation
duty
far
exceeds
constitutionally
required
makes
unlawful
range
alternate
responses
reasonable
fall
short
imposing
undue
burden
upon
employer
act
also
makes
employer
duty
prove
suffer
burden
instead
requiring
constitution
complaining
party
negate
reasonable
bases
employer
decision
see
ibid
ada
also
forbids
utilizing
standards
criteria
methods
administration
disparately
impact
disabled
without
regard
whether
conduct
rational
basis
although
disparate
impact
may
relevant
evidence
racial
discrimination
see
washington
davis
evidence
alone
insufficient
even
fourteenth
amendment
subjects
state
action
strict
scrutiny
see
ibid
ur
cases
embraced
proposition
law
official
act
without
regard
whether
reflects
racially
discriminatory
purpose
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solely
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ada
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shortcomings
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compared
congress
efforts
voting
rights
act
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serious
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constitutional
violations
south
carolina
katzenbach
considered
whether
voting
rights
act
appropriate
legislation
enforce
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amendment
protection
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discrimination
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concluding
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congress
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power
fifteenth
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efore
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care
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act
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officials
congress
found
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applied
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tests
order
exclude
citizens
registering
vote
see
congress
also
determined
litigation
proved
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kind
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evidence
congress
considered
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case
stark
congressional
enactment
ada
represents
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comprehensive
national
mandate
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individuals
disabilities
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authority
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public
policy
order
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private
individuals
recover
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damages
must
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amendment
remedy
imposed
congress
must
congruent
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violation
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met
uphold
act
application
allow
congress
rewrite
fourteenth
amendment
law
laid
section
broadly
enlarge
congressional
authority
judgment
appeals
therefore
reversed
board
trustees
university
alabama
et
petitioners
patricia
garrett
et
al
writ
certiorari
appeals
eleventh
circuit
february
justice
kennedy
justice
joins
concurring
prejudice
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rises
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animus
alone
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knowledge
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embody
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required
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protection
clause
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washington
davis
reasons
explained
equal
protection
violation
shown
respect
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amendment
mistreatment
lack
concern
impairments
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expected
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courts
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liability
suits
brought
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government
consented
see
alden
maine
private
persons
seeking
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moneys
state
treasury
without
consent
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suits
brought
private
persons
must
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statute
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upon
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patterns
constitutional
violations
committed
state
official
capacity
predicate
reasons
discussed
decision
established
observations
join
opinion
board
trustees
university
alabama
et
petitioners
patricia
garrett
et
al
writ
certiorari
appeals
eleventh
circuit
february
justice
breyer
justice
stevens
justice
souter
justice
ginsburg
join
dissenting
reviewing
congressional
record
administrative
agency
record
holds
statutory
provision
us
unconstitutional
concludes
congress
assembled
insufficient
evidence
unconstitutional
discrimination
ante
congress
improperly
attempted
law
established
cleburne
cleburne
living
center
ante
law
sufficiently
tailored
address
unconstitutional
discrimination
ante
section
however
grants
congress
power
enforce
appropriate
legislation
fourteenth
amendment
equal
protection
guarantee
amdt
recognizes
state
discrimination
employment
persons
disabilities
might
run
afoul
equal
protection
rational
relationship
disparity
treatment
legitimate
governmental
purpose
ante
quoting
heller
doe
see
also
cleburne
cleburne
living
center
supra
stating
sustain
classification
rationally
related
legitimate
state
interest
view
congress
reasonably
concluded
remedy
us
constitutes
appropriate
way
enforce
basic
equal
protection
requirement
constitution
requires
says
primary
problem
statutory
provision
one
legislative
evidence
says
congress
assembled
minimal
evidence
unconstitutional
state
discrimination
employment
ante
fact
congress
compiled
vast
legislative
record
documenting
massive
persons
disabilities
pp
quoting
testimony
justin
dart
chairperson
task
force
rights
empowerment
americans
disabilities
addition
information
presented
congressional
hearings
see
appendix
infra
prior
experience
gathered
years
contemplated
enacted
considerable
similar
legislation
see
appendix
infra
congress
created
special
task
force
assess
need
comprehensive
legislation
task
force
held
hearings
every
state
attended
people
including
thousands
experienced
discrimination
first
hand
see
ada
empowerment
task
force
rights
empowerment
americans
disabilities
hereinafter
task
force
report
task
force
hearings
congress
hearings
analysis
census
data
national
polls
studies
led
congress
conclude
people
disabilities
group
occupy
inferior
status
society
severely
disadvantaged
socially
vocationally
economically
educationally
employment
congress
found
disabled
americans
age
working
even
though
large
majority
wanted
able
work
productively
congress
found
discrimination
flowed
significant
part
stereotypic
assumptions
well
purposeful
unequal
treatment
powerful
evidence
discriminatory
treatment
throughout
society
general
including
discrimination
private
persons
local
governments
implicates
state
governments
well
state
agencies
form
part
larger
society
particular
reason
believe
immune
stereotypic
assumptions
pattern
purposeful
unequal
treatment
congress
found
prevalent
claims
make
sense
take
consideration
constitutional
violations
committed
local
governments
ante
substantive
obligation
equal
protection
clause
creates
applies
state
local
governmental
entities
alike
richmond
croson
local
governments
often
work
closely
supervision
state
officials
general
state
local
government
employers
similarly
situated
determining
whether
apparently
local
entity
entitled
eleventh
amendment
immunity
simple
majority
suggests
often
requires
detailed
examination
relevant
provisions
state
law
regents
univ
cal
doe
quoting
moor
county
alameda
event
need
rest
solely
upon
evidence
discrimination
local
governments
general
societal
discrimination
roughly
examples
discrimination
state
governments
legislative
record
see
appendix
infra
fail
see
evidence
fall
far
short
even
suggesting
pattern
unconstitutional
discrimination
legislation
must
based
ante
congressionally
appointed
task
force
collected
numerous
specific
examples
provided
persons
disabilities
adverse
disparate
treatment
state
officials
reveal
describes
half
dozen
instances
discrimination
ante
hundreds
instances
adverse
treatment
hands
state
officials
instances
person
disability
found
impossible
obtain
state
job
retain
state
employment
use
public
transportation
readily
available
others
order
get
work
obtain
public
education
often
prerequisite
obtaining
employment
barriers
also
frequently
made
difficult
impossible
people
vote
enter
public
building
access
important
government
services
calling
emergency
assistance
find
place
live
due
pattern
irrational
zoning
decisions
similar
discrimination
held
unconstitutional
cleburne
see
appendix
infra
notes
presented
instances
discrimination
rarely
provided
additional
independent
evidence
sufficient
prove
instance
discrimination
suffered
lacked
justification
judicial
standpoint
ante
stating
instances
discrimination
described
context
perhaps
explains
view
minimal
evidence
unconstitutional
state
discrimination
ibid
legislature
law
congress
unlike
courts
must
routinely
draw
general
conclusions
example
likely
motive
likely
relationship
legitimate
need
anecdotal
evidence
kind
particularly
evidence
lacks
strong
refutation
see
task
force
report
task
force
met
many
times
significant
representatives
groups
opposed
ada
general
public
although
task
force
received
letters
support
ada
one
letter
opposition
summarizing
testimony
many
reasonable
accommodations
cost
less
expense
others
hiring
employees
interpret
deaf
frequently
exaggerated
reviewing
legislation
never
required
sort
extensive
investigation
piece
evidence
appears
contemplate
compare
ante
katzenbach
morgan
asking
whether
congress
likely
conclusions
reasonable
whether
adequate
evidentiary
support
record
traditionally
required
congress
make
findings
state
discrimination
break
record
evidence
category
category
compare
ante
noting
statements
two
congressional
reports
mentioned
state
discrimination
public
services
transportation
employment
morgan
supra
considering
congress
might
concluded
holding
likely
discrimination
puerto
ricans
areas
voting
supported
statute
abolishing
literacy
test
qualification
voting
regardless
congress
expressly
found
substantial
unjustified
discrimination
persons
disabilities
finding
pattern
unnecessary
discrimination
prejudice
costs
billions
dollars
unnecessary
expenses
resulting
dependency
nonproductivity
emphasis
added
see
also
legislative
history
americans
disabilities
act
leg
hist
committee
print
compiled
house
committee
education
labor
ser
testimony
arlene
mayerson
describing
unjustifiable
discriminatory
loss
job
opportunities
citing
study
showing
strong
evidence
employers
fears
low
performance
among
disabled
workers
moreover
found
discrimination
typically
reflects
stereotypic
assumptions
purposeful
unequal
treatment
see
also
leg
hist
testimony
arlene
mayerson
outmoded
stereotypes
whether
manifested
medical
job
requirements
unrelated
successful
performance
job
decisions
based
generalized
perceptions
supervisors
hiring
personnel
excluded
many
disabled
people
jobs
qualified
making
findings
congress
followed
decision
cleburne
established
discrimination
persons
disabilities
rests
upon
bare
desire
harm
politically
unpopular
group
omission
cleburne
violates
fourteenth
amendment
also
discrimination
rests
solely
upon
negative
attitude
fea
irrational
prejudice
adverse
treatment
rests
upon
motives
unjustified
discrimination
cleburne
terms
evidence
legislative
record
bears
congress
finding
adverse
treatment
persons
disabilities
often
arbitrary
invidious
sense
thus
unjustified
example
one
study
congress
revealed
governmental
agencies
one
state
discriminated
hiring
job
applicants
average
period
five
years
treatment
cancer
based
part
coworkers
misguided
belief
cancer
contagious
leg
hist
testimony
arlene
mayerson
school
inexplicably
refused
exempt
deaf
teacher
taught
school
deaf
listening
skills
requirement
government
lodging
state
refused
hire
blind
employee
director
agency
blind
even
though
qualified
applicant
certain
state
agencies
apparently
general
policies
hiring
promoting
persons
disabilities
zoo
turned
away
children
downs
syndrome
zookeeper
feared
upset
chimpanzees
reports
numerous
zoning
decisions
based
upon
negative
attitudes
fear
cleburne
supra
zoning
board
denied
permit
obviously
pretextual
reason
hearing
arguments
facility
house
needed
room
roam
government
lodging
complete
listing
hundreds
examples
discrimination
state
local
governments
submitted
task
force
set
forth
appendix
infra
congress
reasonably
believed
examples
represented
signs
widespread
problem
unconstitutional
discrimination
ii
failure
find
sufficient
evidentiary
support
may
well
rest
upon
decision
hold
congress
strict
judicially
created
evidentiary
standard
particularly
respect
lack
justification
justice
kennedy
empirical
conclusion
rejects
congress
rests
heavily
upon
failure
find
extensive
litigation
discussion
constitutional
violations
courts
ante
kennedy
concurring
emphasis
added
points
economic
social
legislation
challenged
irrational
hence
unconstitutional
burden
upon
challenging
party
negative
reasonably
conceivable
state
facts
provide
rational
basis
classification
ante
internal
quotation
marks
omitted
justice
brandeis
writing
put
matter
many
years
ago
state
facts
reasonably
conceived
challenged
legislation
presumption
existence
state
facts
one
assails
classification
must
carry
burden
showing
action
arbitrary
pacific
box
basket
white
quoting
borden
farm
products
baldwin
imposing
special
burden
upon
congress
fails
find
legislative
record
sufficient
indication
congress
negative
presumption
state
action
rationally
related
legitimate
objective
ante
problem
approach
neither
burden
proof
favors
rule
restraint
applicable
judges
applies
congress
exercises
power
limitations
stemming
nature
judicial
process
application
congress
oregon
mitchell
brennan
white
marshall
concurring
part
dissenting
part
review
presumptions
favoring
constitutionality
paradigm
judicial
restraint
fcc
beach
communications
emphasis
added
congress
lower
indeed
cleburne
drew
institutional
distinction
emphasized
courts
reluctant
federal
system
respect
separation
powers
closely
scrutinize
legislative
choices
refusing
invalidate
law
based
equal
protection
clause
disparate
impact
standard
await
legislative
prescription
cf
mitchell
supra
stewart
concurring
part
dissenting
part
congress
may
paint
much
broader
brush
may
must
confine
judicial
function
deciding
individual
cases
controversies
upon
individual
records
short
claim
uphold
act
application
allow
congress
rewrite
fourteenth
amendment
law
laid
cleburne
ante
repudiated
cleburne
simply
reason
require
congress
seeking
determine
facts
relevant
exercise
authority
adopt
rules
presumptions
reflect
institutional
limitations
unlike
courts
congress
readily
gather
facts
across
nation
assess
magnitude
problem
easily
find
appropriate
remedy
cf
cleburne
supra
addressing
problems
large
diversified
group
persons
disabilities
difficult
often
technical
matter
much
task
legislators
guided
qualified
professionals
perhaps
opinions
judiciary
unlike
courts
congress
directly
reflects
public
attitudes
beliefs
enabling
congress
better
understand
extent
refusals
accommodate
disability
amount
behavior
callous
unreasonable
point
lacking
constitutional
justification
unlike
judges
members
congress
directly
obtain
information
constituents
experience
discrimination
related
issues
moreover
unlike
judges
members
congress
elected
applied
majority
burden
proof
rule
explained
courts
sit
superlegislature
judge
wisdom
desirability
legislative
policy
determinations
heller
per
curiam
apply
rule
designed
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restricted
congress
legislative
power
stand
underlying
principle
principle
judicial
restraint
head
without
use
burden
proof
rule
unusually
stringent
standard
review
difficult
see
find
legislative
record
inadequate
read
reasonably
favorable
eye
record
indicates
state
governments
subjected
disabilities
seriously
adverse
disparate
treatment
congress
found
significant
number
instances
treatment
violated
substantive
principles
justification
shorn
presumptions
recognized
cleburne
iii
argues
alternative
statute
damage
remedy
congruent
proportional
equal
protection
problem
congress
found
ante
citing
city
boerne
flores
suggests
act
reasonable
accommodation
requirement
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impact
standard
far
excee
constitutionally
required
ante
upheld
disparate
impact
standards
contexts
constitutionally
required
compare
griggs
duke
power
washington
supra
city
rome
mobile
bolden
plurality
opinion
wrong
remedy
response
unreasonable
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behavior
requires
employer
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course
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sense
might
differ
words
requirement
may
exceed
necessary
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violation
power
power
require
grants
congress
repeatedly
confirmed
long
ago
wrote
brought
within
domain
congressional
power
whatever
tends
enforce
submission
prohibitions
secure
persons
equal
protection
laws
ex
parte
virginia
recently
added
draftsmen
sought
grant
congress
specific
provision
applicable
fourteenth
amendment
broad
powers
expressed
necessary
proper
clause
art
cl
morgan
citing
mcculloch
maryland
wheat
keeping
principles
said
us
review
congressional
resolution
various
conflicting
considerations
risk
pervasiveness
discrimination
governmental
services
adequacy
availability
alternative
remedies
nature
significance
state
interests
affected
interpreting
similarly
worded
enforcement
clause
fifteenth
amendment
permit
congress
use
rational
means
effectuate
constitutional
prohibition
nothing
words
reasonable
accommodation
suggests
requirement
tend
ency
enforce
equal
protection
clause
ex
parte
virginia
supra
irrational
way
achieve
objective
katzenbach
fall
outside
scope
necessary
proper
clause
morgan
supra
somehow
otherwise
exceeds
bounds
appropriate
amdt
recent
cases
professed
follow
longstanding
principle
deference
congress
see
kimel
florida
bd
regents
congress
power
confined
enactment
legislation
merely
parrots
precise
wording
fourteenth
amendment
rather
congress
prohibit
somewhat
broader
swath
conduct
including
forbidden
amendment
text
florida
prepaid
postsecondary
ed
expense
bd
college
savings
bank
congress
must
wide
quoting
city
boerne
supra
city
boerne
reaffirming
morgan
congress
conclusions
entitled
much
deference
even
today
purports
apply
depart
standards
ante
analysis
ultimate
conclusion
deprive
declarations
practical
significance
sounds
word
promise
ear
breaks
hope
iv
harsh
review
congress
use
power
reminiscent
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limitation
imposed
upon
congress
commerce
clause
power
compare
carter
carter
coal
darby
rejecting
carter
coal
rationale
understand
legal
basis
review
judging
statute
discriminated
particular
race
gender
see
virginia
statute
threatened
basic
constitutionally
protected
liberty
free
speech
see
reno
american
civil
liberties
union
see
also
post
siegel
equal
protection
law
federal
antidiscrimination
legislation
morrison
kimel
yale
stating
recent
review
legislation
appears
approach
strict
scrutiny
tribe
american
constitutional
law
ed
legislation
us
however
discriminate
anyone
pose
threat
basic
liberty
difficult
understand
applies
minimum
review
statutes
burden
persons
disabilities
ante
subjects
far
stricter
scrutiny
statute
seeks
help
individuals
recognize
nonetheless
statute
imposes
burden
upon
removes
eleventh
amendment
protection
suit
thereby
subjecting
potential
monetary
liability
rules
interpreting
provide
special
protection
however
run
counter
object
fourteenth
amendment
terms
amendment
prohibits
denying
citizens
equal
protection
laws
amdt
hence
principles
federalism
might
otherwise
obstacle
congressional
authority
necessarily
overridden
power
enforce
civil
war
amendments
appropriate
legislation
amendments
specifically
designed
expansion
federal
power
intrusion
state
sovereignty
city
rome
ex
parte
virginia
supra
ironically
greater
obstacle
eleventh
amendment
poses
creation
congress
kind
remedy
issue
decentralized
remedy
private
damage
actions
congress
seeking
cure
important
national
problems
problem
disability
discrimination
us
rely
uniform
remedies
federal
standards
injunctions
sometimes
draconian
typically
intrusive
see
college
savings
bank
florida
prepaid
postsecondary
ed
expense
breyer
dissenting
cf
ante
reasons
doubt
today
decision
serves
constitutionally
based
federalism
interest
evidentiary
demands
review
failure
distinguish
judicial
legislative
constitutional
competencies
improperly
invades
power
constitution
assigns
congress
morgan
souter
joined
ginsburg
breyer
dissenting
college
savings
bank
supra
breyer
dissenting
view
gives
congress
necessary
authority
reasons
stated
respectfully
dissent
appendix
opinion
breyer
congressional
hearings
americans
disabilities
act
americans
disabilities
act
hearings
house
committee
judiciary
subcommittee
civil
constitutional
rights
sess
americans
disabilities
act
hearing
subcommittee
transportation
hazardous
materials
house
committee
energy
commerce
sess
americans
disabilities
act
hearings
subcommittee
surface
transportation
house
committee
public
works
transportation
sess
americans
disabilities
telecommunications
relay
services
hearing
title
subcommittee
telecommunications
finance
house
committee
energy
commerce
sess
americans
disabilities
act
hearing
subcommittee
select
education
house
committee
education
labor
sess
field
hearing
americans
disabilities
act
hearing
subcommittee
select
education
house
committee
education
labor
sess
hearing
americans
disabilities
act
joint
hearing
subcommittee
select
education
employment
opportunities
house
committee
education
labor
sess
july
two
hearings
oversight
hearing
americans
disabilities
act
hearing
subcommittee
select
education
house
committee
education
labor
sess
americans
disabilities
act
hearing
house
committee
small
business
sess
americans
disabilities
act
hearings
senate
committee
labor
human
resources
subcommittee
handicapped
sess
may
hearings
americans
disabilities
act
joint
hearing
subcommittee
handicapped
senate
committee
labor
human
resources
subcommittee
select
education
house
committee
education
labor
sess
appendix
opinion
breyer
disability
discrimination
laws
enacted
congress
prior
americans
disabilities
act
act
june
ch
stat
architectural
barriers
act
et
seq
rehabilitation
act
et
seq
education
handicapped
act
pub
title
vi
stat
reenacted
individuals
disabilities
education
act
et
seq
developmental
disabilities
assistance
bill
rights
act
et
seq
voting
accessibility
elderly
handicapped
act
et
seq
air
carrier
access
act
protection
advocacy
mentally
ill
individuals
act
fair
housing
amendments
appendix
opinion
breyer
submissions
made
individuals
task
force
rights
empowerment
americans
disabilities
see
government
lodging
available
clerk
case
file
alabama
page
discrimination
mentally
ill
city
zoning
process
inaccessible
exercise
equipment
university
alabama
school
failed
train
teachers
work
students
learning
disabilities
courts
failed
provide
interpretive
services
deaf
people
lack
accessible
police
services
deaf
people
inaccessible
public
transportation
child
denied
public
education
cerebral
palsy
inaccessible
public
transportation
prevented
persons
disabilities
getting
work
inaccessible
public
buildings
services
inaccessible
transportation
inaccessible
public
schools
inaccessible
public
transportation
inaccessible
public
schools
inaccessible
public
transportation
failure
enforce
building
codes
requiring
access
persons
disabilities
inaccessible
courthouse
lack
instructions
use
voting
machine
blind
people
inaccessible
restrooms
newly
renovated
state
house
inaccessible
public
transportation
inaccessible
public
transportation
failure
enforce
state
local
laws
protecting
persons
disabilities
schools
failed
provide
adequate
education
children
disabilities
inaccessible
public
transportation
man
denied
vocational
rehabilitation
services
based
cerebral
palsy
inaccessible
public
transportation
vocational
rehabilitation
agency
failed
provide
services
schizophrenics
zoning
discrimination
group
homes
school
failed
provide
adequate
education
school
failed
provide
adequate
education
alaska
page
school
placed
child
cerebral
palsy
special
education
classes
inaccessible
restrooms
state
legislature
information
office
inaccessible
areas
new
alaska
performing
arts
center
inaccessible
public
transportation
prevented
persons
disabilities
getting
work
lack
curb
cuts
sidewalks
near
apartment
building
persons
disabilities
child
erroneously
placed
special
education
classes
inaccessible
new
performing
arts
center
alaska
psychiatric
institute
failed
provide
interpretive
services
deaf
patients
state
local
agencies
disregarded
laws
requiring
accessibility
jail
failed
provide
person
disability
medical
treatment
inaccessible
government
buildings
seward
inaccessible
public
transportation
city
failed
train
employees
communicate
people
hearing
impairments
segregated
seating
inaccessibility
new
performing
arts
center
inaccessibility
state
ferry
columbia
alaska
railroad
denial
job
interview
person
wheelchair
inaccessible
new
performing
arts
center
person
using
respirator
denied
access
alaska
state
division
medical
assistance
inaccessible
city
hall
school
district
retaliated
teacher
asking
assigned
accessible
classroom
inaccessible
public
transportation
lack
curb
cuts
inaccessible
public
transportation
state
agencies
failed
provide
interpretive
services
deaf
people
department
motor
vehicles
failed
provide
interpretive
services
inaccessibility
seward
city
hall
state
local
buildings
state
university
failed
assist
covering
expense
interpretive
services
deaf
graduate
student
inaccessible
public
buildings
inaccessible
public
school
arizona
page
survey
showing
inaccessibility
problems
city
phoenix
public
services
inaccessible
public
transportation
inaccessible
restrooms
state
recreation
areas
department
motor
vehicles
failed
provide
visual
signs
assistance
people
hearing
impairments
person
disability
denied
police
officer
job
arizona
department
economic
security
took
years
fix
unsafe
van
lift
county
paratransit
refused
provide
transportation
college
department
motor
vehicles
placed
restrictions
driver
license
deafness
teacher
hearing
impairment
denied
numerous
jobs
department
motor
vehicles
failed
assist
deaf
people
inaccessible
entrance
restroom
water
fountain
office
building
leased
state
woman
injured
trying
use
inaccessible
restroom
roadside
rest
stop
lack
curb
cuts
inaccessible
social
service
agencies
arkansas
page
public
school
failed
enforce
accommodations
student
public
school
teacher
refused
allow
student
disability
use
authorized
calculator
state
university
failed
inform
student
hearing
impairment
activities
rules
lack
curb
cuts
inaccessible
public
transportation
inaccessible
office
area
public
housing
persons
disabilities
inaccessible
public
transportation
inaccessible
state
office
human
services
state
agencies
failed
hire
persons
disabilities
failure
enforce
handicapped
parking
law
school
erroneously
placed
child
mobility
impairment
special
education
classes
public
schools
failed
provide
interpretive
services
deaf
people
inaccessible
public
transportation
person
disability
forced
resign
employment
architectural
barriers
public
school
held
meetings
conferences
inaccessible
locations
physical
barriers
prevented
citizens
voting
rehabilitation
services
failed
assist
people
kinds
disabilities
inaccessible
city
county
buildings
human
services
office
relocated
inaccessible
building
lack
curb
cuts
california
page
inaccessible
public
recreation
sites
california
relay
system
failed
provide
telephone
access
deaf
people
public
transit
failed
provide
visual
signs
deaf
people
inaccessible
public
transportation
california
children
services
refused
help
cost
caring
child
head
injury
home
inaccessible
county
buildings
deaf
people
denied
access
state
agencies
lacked
deaf
people
denied
access
state
agencies
lacked
public
transit
failed
provide
visual
signs
deaf
people
public
transit
failed
provide
visual
signs
deaf
people
limited
telephone
relay
services
inaccessible
public
transportation
limited
access
community
college
inaccessible
public
transportation
deaf
people
denied
access
state
agencies
lacked
state
mental
health
services
failed
provide
access
deaf
people
government
failed
provide
interpretive
services
deaf
people
inaccessible
public
transportation
lack
curb
cuts
inaccessible
public
transportation
inaccessible
airport
inaccessible
public
transportation
california
relay
service
failed
enable
deaf
people
make
interstate
calls
california
relay
service
failed
enable
deaf
people
make
interstate
calls
inaccessible
public
transportation
inaccessible
restrooms
public
buildings
university
california
attempted
terminate
employees
disabilities
taking
medical
leave
state
agencies
failed
provide
person
denied
opportunity
serve
jury
county
failed
provide
interpretive
services
deaf
people
public
school
district
failed
provide
ttd
deaf
parents
california
relay
service
failed
enable
deaf
people
make
interstate
calls
lack
curb
cuts
inaccessible
public
transportation
inaccessible
public
transportation
inaccessible
public
transportation
california
civil
service
exam
held
high
school
inaccessible
restrooms
inaccessible
restrooms
county
administration
building
lack
curb
cuts
inaccessible
public
transportation
prevented
persons
disabilities
getting
work
failed
enforce
laws
requiring
accessibility
inaccessible
public
transportation
california
relay
service
failed
enable
deaf
people
make
interstate
calls
inaccessible
public
transportation
inaccessible
public
transportation
inaccessible
public
transportation
inaccessible
county
courthouse
street
signals
fast
safe
crossing
wheelchair
public
functions
failed
provide
interpretive
services
deaf
people
deaf
people
denied
access
state
agencies
lacked
california
basic
educational
skills
test
discriminated
deaf
adults
wanted
become
teachers
deaf
students
department
motor
vehicles
required
doctors
report
patients
seizure
disorders
revoked
patients
licenses
require
reporting
conditions
cause
erratic
driving
colorado
page
person
wheelchair
passed
five
bus
drivers
claimed
lifts
broken
lack
curb
cuts
ramps
inaccessible
public
transportation
inaccessible
public
transportation
inaccessible
public
transportation
persons
disabilities
placed
segregated
public
housing
inaccessible
public
transportation
lack
curb
cuts
forced
person
wheelchair
use
street
inaccessible
county
courthouse
inaccessible
public
transportation
inaccessible
public
transportation
small
cities
public
schools
failed
assist
students
disabilities
inaccessible
public
transportation
inaccessible
public
facilities
recreation
sites
political
parties
held
caucuses
inaccessible
private
home
children
developmental
disabilities
required
attend
segregated
schools
public
school
system
refused
transfer
student
disabilities
special
regular
school
brought
suit
vocational
rehabilitation
agency
refused
take
referrals
psychiatric
halfway
house
person
denied
driver
license
virginia
mental
illness
connecticut
page
public
school
inaccessible
parent
disability
state
university
denied
renewal
contract
graduate
assistantship
age
disability
delaware
page
inaccessible
public
high
school
inaccessible
public
transportation
inaccessible
public
schools
inaccessible
public
transportation
inaccessible
voting
machines
inadequate
handicapped
parking
man
physical
disability
spent
minutes
crawling
polling
place
inaccessible
wheelchairs
inaccessible
public
transportation
public
ceremony
held
inaccessible
building
failure
enforce
laws
requiring
handicapped
parking
spaces
usually
occupied
police
cars
high
percentage
children
disabilities
placed
segregated
schools
restrictive
zoning
limited
reintegration
institutionalized
people
community
inaccessible
voting
system
inaccessible
public
transportation
inaccessible
public
transportation
made
person
disability
late
work
inaccessible
library
public
buildings
state
refused
fund
services
people
mental
illness
state
transit
system
provided
special
vouchers
persons
physical
disabilities
mentally
ill
state
criminal
justice
system
failed
provide
psychiatric
treatment
state
kept
child
schizophrenia
delaware
state
hospital
lacked
services
people
released
state
labor
department
restrictive
policies
prevented
persons
disabilities
applying
employment
failure
enforce
laws
requiring
handicapped
parking
spaces
usually
occupied
police
cars
public
transportation
refused
transport
person
carrying
oxygen
staff
patients
delaware
state
hospital
sexually
abused
women
patients
inaccessible
public
transportation
state
police
interrogated
deaf
citizens
without
providing
interpretive
services
vocational
high
school
sought
transfer
student
back
special
segregated
school
georgia
page
public
colleges
failed
provide
assistance
students
learning
disabilities
university
georgia
students
disabilities
faced
architectural
barriers
inaccessible
public
transportation
lack
housing
failure
enforce
handicapped
parking
laws
inaccessible
classrooms
university
georgia
university
georgia
located
office
handicapped
services
inaccessible
second
floor
office
university
georgia
charged
students
learning
disabilities
per
quarter
services
students
disabilities
received
cost
learning
disability
adult
clinic
university
georgia
charged
unreasonable
fees
inaccessible
public
transportation
traffic
failed
provide
interpretive
services
deaf
person
hawaii
page
inaccessible
public
transportation
inaccessible
public
transportation
state
university
failed
enforce
handicapped
parking
laws
state
employee
wheelchair
forced
resign
job
frequently
unable
get
office
due
broken
elevator
state
building
state
commission
handicapped
refused
employee
request
reasonable
accommodation
state
university
failed
provide
blind
student
timely
adequate
books
tape
coursework
lack
signs
information
blind
people
using
public
transit
person
disability
denied
opportunity
testify
department
labor
held
hearing
inaccessible
room
state
employment
agency
refused
provide
interpretive
services
deaf
people
public
school
put
deaf
child
class
fourth
graders
quadriplegic
person
california
driver
license
denied
license
hawaii
state
government
office
refused
interview
persons
emotional
disorder
history
alcoholism
inaccessible
state
buildings
person
mobility
impairment
denied
serious
consideration
state
job
due
unreliability
accessible
public
transportation
inaccessible
public
transportation
prevented
person
disability
getting
work
inaccessible
public
buildings
lack
curb
cuts
forced
person
wheelchair
use
street
elevators
public
buildings
marked
blind
people
bus
drivers
failed
announce
stops
blind
people
inaccessible
public
transportation
bus
drivers
harassed
mentally
retarded
passengers
inaccessible
public
transportation
state
mental
health
system
restrictive
institutional
policies
state
social
service
employees
placed
limits
opportunities
persons
disabilities
based
stereotypical
assumptions
lack
curb
cuts
ramps
inaccessible
public
transportation
inaccessible
public
transportation
inaccessible
public
library
denial
certain
licenses
persons
mental
disabilities
inaccessible
restroom
state
park
lack
curb
cuts
state
local
government
meetings
failed
provide
interpretive
services
deaf
people
students
disabilities
unable
participate
school
interscholastic
sports
blind
people
prevented
traveling
outside
state
quarantine
laws
permitted
exemption
guide
dogs
state
mental
health
services
unavailable
deaf
people
due
failure
train
staff
inaccessible
public
transportation
inaccessible
city
county
buildings
refused
service
person
paralyzed
waist
inaccessible
public
transportation
state
agencies
failed
monitor
conditions
community
residential
facilities
persons
disabilities
inaccessible
public
transportation
inaccessible
public
transportation
inadequate
assistance
deaf
person
appearance
idaho
page
inaccessible
public
transportation
inaccessible
public
transportation
adult
victims
abuse
developmental
disabilities
denied
equal
rights
testify
inaccessible
public
recreation
activities
inaccessible
public
transportation
lack
curb
cuts
inaccessible
public
transportation
city
county
failed
provide
assistance
deaf
people
public
meetings
inaccessible
public
transportation
public
school
failed
provide
adequate
assistance
students
disabilities
inaccessible
public
transportation
public
defenders
offices
public
meetings
failed
provide
interpretive
services
deaf
people
police
harassed
persons
disabilities
appeared
intoxicated
vocational
rehabilitation
agency
lacked
tty
service
government
agencies
lacked
staff
assist
people
head
injuries
inaccessible
public
transportation
inaccessible
public
transportation
inaccessible
public
transportation
inaccessible
public
buildings
limited
access
new
county
courthouse
library
city
hall
school
district
refused
hire
licensed
teacher
speech
impediment
public
school
failed
provide
assistance
deaf
student
public
school
failed
provide
interpretive
services
deaf
student
idaho
lacked
statewide
telephone
relay
service
deaf
people
department
employment
department
health
welfare
lacked
telephone
access
deaf
people
inaccessible
restrooms
public
high
school
student
wheelchair
denied
admission
regular
classes
illinois
page
state
system
providing
ballots
people
unable
enter
polling
place
special
bus
service
caused
long
wait
outside
cold
weather
schools
mainstream
deaf
children
refused
hire
deaf
teacher
government
failed
provide
interpretive
services
deaf
people
public
hearing
school
budget
lack
curb
cuts
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transportation
department
rehabilitation
limited
services
persons
disabilities
threatening
placement
nursing
home
police
stations
lacked
tty
service
deaf
people
arrested
held
jail
overnight
without
explanation
failure
provide
interpretive
services
inaccessible
polling
place
inaccessible
public
schools
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attendance
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meetings
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transportation
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transportation
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curb
cuts
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state
housing
agencies
lacked
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devices
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services
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people
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local
government
agencies
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devices
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people
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medical
police
fire
services
lacked
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personnel
trained
receive
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calls
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pools
inaccessible
restrooms
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building
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transportation
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transportation
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transportation
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inaccessible
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system
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place
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curb
cuts
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transportation
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transportation
inaccessible
public
transportation
inaccessible
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transportation
lack
curb
cuts
inaccessible
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buildings
inaccessible
public
transportation
inaccessible
polling
place
indiana
page
state
vocational
rehabilitation
agency
refused
help
person
classified
severely
disabled
five
years
state
vocational
rehabilitation
agency
failed
provide
assistance
inadequate
curb
cuts
inaccessible
public
transportation
inaccessible
public
transportation
inadequate
curb
cuts
inaccessible
public
transportation
inaccessible
public
facilities
inaccessible
public
transportation
government
agencies
failed
provide
interpretive
services
deaf
people
deaf
counselors
discouraged
applying
jobs
rehabilitation
counselors
deaf
people
staff
state
psychiatric
facilities
abused
physically
dragged
patients
person
disability
dismissed
director
deaf
unit
central
state
hospital
public
meetings
held
inaccessible
locations
inaccessible
polling
place
state
counselors
failed
provide
rehabilitation
assistance
person
head
injury
iowa
page
person
dismissed
city
bus
operator
seeking
treatment
mental
illness
state
commission
failed
supply
necessary
equipment
deaf
blind
employee
high
school
limited
opportunities
mentally
retarded
student
integrated
kansas
page
kansas
commission
civil
rights
denied
legally
blind
person
job
investigator
limited
ability
drive
refused
allow
accommodation
permitted
use
public
transportation
police
failed
provide
interpretive
services
arresting
deaf
man
kansas
department
transportation
fired
person
epilepsy
state
investigator
failed
examine
employment
discrimination
claims
inaccessible
public
transportation
county
failed
assist
mentally
ill
housing
vocational
opportunities
damaged
sidewalks
poor
street
lighting
posed
risk
persons
disabilities
inaccessible
arena
kentucky
page
bus
driver
bypassed
person
standing
stop
guide
dog
inaccessible
public
transportation
department
employment
services
failed
make
reasonable
accommodations
persons
disabilities
lack
curb
cuts
inaccessible
public
transportation
inaccessible
public
transportation
state
employment
service
refused
place
person
wheelchair
inaccessible
public
buildings
public
library
police
department
state
university
library
lacked
personnel
trained
use
tty
devices
state
university
failed
provide
assistance
parttime
teacher
disability
state
prevented
deaf
teachers
teaching
deaf
students
requiring
courses
music
education
inaccessible
public
transportation
inaccessible
public
transportation
kentucky
school
deaf
preferred
hiring
hearing
teachers
rather
deaf
teachers
louisiana
page
inaccessible
housing
graduate
students
louisiana
state
university
inaccessible
public
transportation
police
assumed
person
coordination
problems
drunk
inaccessible
public
transportation
vocational
rehabilitation
program
failed
provide
services
person
head
injury
inaccessible
public
transportation
prevented
persons
disabilities
getting
work
inaccessible
voting
machine
louisiana
sheriffs
pension
relief
fund
denied
membership
person
disability
inaccessible
public
transportation
lack
curb
cuts
inaccessible
buildings
louisiana
state
university
maine
page
inadequate
sidewalk
ramps
failure
enforce
handicapped
parking
laws
failure
enforce
state
regulations
requiring
accessibility
public
buildings
town
refused
request
interpretive
services
deaf
people
town
meeting
maryland
page
public
transportation
unsafe
persons
disabilities
public
libraries
state
prison
state
offices
lacked
department
human
relations
failed
provide
interpretive
services
deaf
people
answer
tty
calls
vocational
rehabilitation
counselors
failed
help
deaf
people
find
jobs
inaccessible
public
transportation
state
hospital
refused
provide
interpretive
services
deaf
people
massachusetts
page
office
children
refused
license
blind
person
day
care
assistant
inaccessible
courthouse
inaccessible
restrooms
state
building
state
armory
state
college
threatened
terminate
employee
blindness
massachusetts
adoption
exchange
refused
let
family
mother
muscular
dystrophy
adopt
child
department
vocational
rehabilitation
hired
person
instead
qualified
person
wheelchair
michigan
page
person
denied
admission
university
michigan
medical
school
speech
impediment
inaccessible
state
university
campuses
percent
voting
precincts
detroit
inaccessible
buses
lifts
often
failed
stop
people
wheelchairs
lifts
work
state
employee
threatened
discipline
serving
attending
meetings
equal
employment
opportunity
commission
advisory
committee
state
university
stadium
lacked
accessible
restrooms
water
fountains
telephones
inaccessible
public
transportation
school
system
failed
hire
teachers
communicate
deaf
students
state
university
denied
interpretive
services
deaf
student
public
transportation
refused
serve
persons
wheelchairs
public
agency
refused
provide
interpretive
services
deaf
people
state
university
transportation
system
students
disabilities
faculty
staff
state
university
lacked
adequate
curb
ramps
state
denied
driver
license
person
epilepsy
inaccessible
public
recreation
facilities
inaccessible
government
buildings
state
university
denied
sabbatical
proposal
faculty
member
disability
michigan
rehabilitation
services
placed
people
inappropriate
positions
michigan
rehabilitation
services
failed
accommodate
mentally
ill
persons
inaccessible
public
transportation
man
disability
forced
use
girls
restroom
state
job
person
disability
terminated
county
job
banned
future
county
employment
minnesota
page
person
disability
score
finalist
job
director
agency
blind
person
score
hired
person
cerebral
palsy
humiliated
interview
job
state
department
education
mississippi
page
inaccessible
public
transportation
inaccessible
beaches
pools
parks
inaccessible
classrooms
library
mississippi
school
deaf
state
agency
provide
coordinate
community
service
programs
deaf
adults
inaccessible
classrooms
mississippi
school
deaf
public
programs
failed
provide
interpretive
services
deaf
people
government
failed
post
caution
signs
warning
drivers
deaf
children
inaccessible
polling
places
voting
booths
inaccessible
public
buildings
courts
refused
pay
qualified
interpretive
services
deaf
people
inaccessible
state
university
building
teacher
denied
position
public
elementary
school
need
braces
cane
walk
lack
curb
cuts
inaccessible
public
school
rooms
inaccessible
public
transportation
inaccessible
department
motor
vehicles
inaccessible
public
transportation
inaccessible
public
facilities
inaccessible
courthouses
state
university
instructor
refused
teach
blind
person
inaccessible
public
transportation
inaccessible
polling
place
city
employee
required
go
outside
get
restroom
missouri
page
lack
curb
cuts
inaccessible
restrooms
public
buildings
lack
curb
cuts
public
schools
segregated
children
disabilities
inaccessible
school
buildings
inaccessible
public
transportation
public
buildings
post
offices
libraries
schools
polling
places
state
university
tried
discourage
blind
person
chosen
field
study
inaccessible
public
transportation
courthouse
failed
provide
amplified
sound
system
courtrooms
montana
page
inadequate
curb
cuts
inadequate
curb
cuts
downtown
area
state
agencies
refused
make
reasonable
accommodations
paraplegics
seeking
employment
inaccessible
polling
place
person
wheelchair
forced
vote
street
inaccessible
polling
place
nebraska
page
government
failed
provide
interpretive
services
deaf
people
serving
juries
commissions
committees
local
school
district
failed
provide
interpretive
services
deaf
child
inaccessible
entrance
office
county
assistance
nevada
page
local
government
failed
provide
assistance
people
head
injuries
inaccessible
government
buildings
public
facilities
person
disability
denied
access
public
transportation
took
long
get
bus
community
college
refused
provide
interpretive
services
deaf
people
city
ordinance
prevented
mentally
ill
living
residential
areas
inaccessible
public
transportation
inadequate
curb
cuts
ramps
failure
enforce
handicapped
parking
laws
lack
sidewalk
crosswalk
accommodations
persons
wheelchairs
new
hampshire
page
state
agency
failed
assist
persons
head
injuries
despite
availability
state
surplus
funds
vocational
rehabilitation
counselor
tried
cut
funds
assistance
person
disability
new
jersey
page
commission
blind
visually
impaired
demoted
visually
impaired
person
zoning
commission
denied
permission
open
home
persons
head
injuries
architectural
barriers
cumberland
county
college
campus
inadequate
curb
cuts
new
mexico
page
state
university
denied
entry
school
social
work
blind
person
admitted
partially
sighted
person
lower
grades
new
mexico
lacked
statewide
tdd
relay
service
prisoners
developmental
disabilities
subjected
longer
terms
abused
prisoners
state
correctional
system
inaccessible
public
transportation
university
new
mexico
failed
provide
assistance
blind
student
city
county
government
offices
lacked
university
new
mexico
hospital
failed
provide
interpretive
services
deaf
patients
university
new
mexico
failed
provide
interpretive
services
deaf
students
inaccessible
buildings
university
new
mexico
campus
new
york
page
state
agencies
failed
hire
persons
disabilities
custodian
public
high
school
denied
request
person
disability
use
locked
elevator
state
legislature
person
wheelchair
wait
minutes
use
freight
elevator
public
village
meetings
held
second
floor
meeting
room
elevator
many
polling
places
inaccessible
lack
curb
cuts
failure
enforce
handicapped
parking
laws
inaccessible
state
parks
public
beaches
north
carolina
page
public
elementary
school
initially
denied
admission
charged
extra
fee
child
syndrome
attend
afterschool
day
care
program
blind
people
told
participate
regular
public
parks
recreation
programs
state
agencies
services
blind
vocational
rehabilitation
employed
persons
disabilities
police
arrested
jailed
deaf
person
without
providing
interpretive
services
north
dakota
page
person
disability
denied
access
driver
license
exam
held
inaccessible
room
inaccessible
polling
places
lack
curb
cuts
failure
enforce
handicapped
parking
laws
inaccessible
polling
places
inaccessible
city
government
meetings
failure
enforce
handicapped
parking
laws
inaccessible
polling
places
inaccessible
state
local
government
buildings
government
agencies
failed
enforce
policies
regarding
hiring
persons
disabilities
inaccessible
polling
places
inaccessible
public
buildings
state
local
government
failed
hire
persons
disabilities
inaccessible
polling
places
failure
enforce
handicapped
parking
laws
person
disability
denied
consideration
position
election
polls
inspector
ohio
page
city
failed
trim
trees
regularly
posed
hazard
blind
people
inaccessible
state
county
city
buildings
inaccessible
social
service
agency
offices
inaccessible
public
transportation
vocational
rehabilitation
agency
denied
assistance
person
disability
rehabilitation
services
agency
failed
assist
paranoid
schizophrenic
vocational
rehabilitation
agency
discouraged
person
disability
nurse
persons
disabilities
denied
jobs
inaccessible
public
transportation
blind
person
denied
driver
license
though
legally
eligible
inaccessible
public
transportation
lack
curb
cuts
public
paratransit
system
often
left
passengers
stranded
vocational
rehabilitation
agency
steered
person
mental
disability
menial
job
despite
ph
degree
police
failed
provide
interpretive
services
deaf
person
arrested
cleveland
state
university
lacked
wheelchair
ramps
inaccessible
public
transportation
oklahoma
page
tulsa
housing
authority
failed
communicate
provide
information
tenants
disabilities
state
employment
office
lacked
tdd
workers
interpretive
skills
state
university
paid
deaf
employees
less
hearing
employees
state
agencies
made
effort
hire
deaf
applicants
police
officer
pointed
gun
person
disability
get
car
quickly
inaccessible
public
transportation
person
speech
impediment
denied
numerous
state
jobs
inaccessible
restrooms
city
parks
state
government
held
meeting
hotel
inaccessible
restrooms
person
wheelchair
worked
polling
place
inaccessible
restrooms
inaccessible
polling
places
qualified
blind
person
offered
provide
driver
denied
job
state
social
worker
oregon
page
blind
people
unable
access
printed
material
state
government
school
system
barred
child
cerebral
palsy
physical
education
class
gave
cleaning
job
instead
person
two
college
degrees
extensive
professional
experience
turned
priate
state
government
jobs
advised
seek
jobs
disability
commission
handicapped
lacked
funds
enforce
laws
pennsylvania
page
public
library
restrictive
policy
regarding
issuance
library
cards
residents
group
homes
government
failed
provide
interpretive
services
deaf
people
school
budget
hearing
inaccessible
public
transportation
inaccessible
polling
places
inaccessible
public
transportation
inaccessible
polling
places
inaccessible
polling
place
inaccessible
public
transportation
lack
curb
cuts
inaccessible
public
library
inaccessible
automatic
ticket
dispensers
pennsylvania
turnpike
bus
drivers
refused
transport
person
wheelchair
inaccessible
county
offices
lack
curb
cuts
ged
programs
offered
inaccessible
public
schools
bus
drivers
unwilling
unable
use
wheelchair
lifts
child
unable
enroll
first
grade
inaccessible
classroom
lack
curb
cuts
inaccessible
public
transportation
lack
curb
cuts
rural
areas
inaccessible
polling
place
unsafe
curb
cuts
inaccessible
state
office
building
south
carolina
page
government
failed
provide
emergency
service
deaf
people
state
local
agencies
library
police
fire
departments
lacked
tdd
government
failed
provide
interpretive
services
deaf
people
meetings
south
dakota
page
school
district
failed
provide
adequate
services
child
disability
traffic
light
fire
hydrant
placed
posed
obstacle
blind
pedestrians
wheelchairs
needed
use
curb
cuts
inaccessible
polling
places
inaccessible
public
transportation
state
failed
hire
persons
disabilities
without
giving
reason
criminal
failed
provide
interpretive
services
deaf
people
state
university
denied
blind
student
opportunity
practice
teach
required
teaching
certificate
texas
page
poles
obstructed
sidewalks
lack
curb
cuts
inaccessible
public
transportation
state
teachers
exam
required
deaf
teachers
wanted
teach
deaf
children
pass
section
speech
assessment
listening
medical
examination
required
renewal
driver
license
despite
unblemished
driving
record
inadequate
handicapped
parking
spaces
state
vocational
rehabilitation
agency
refused
assist
college
student
chose
major
political
science
employee
county
human
services
agency
denied
handicapped
parking
place
failure
enforce
handicapped
parking
laws
inaccessible
state
university
transportation
system
denial
driver
licenses
accommodations
take
driver
test
inaccessible
buildings
state
university
state
hospital
sought
discharge
mentally
ill
boy
hiv
special
transit
system
refused
transport
man
mental
retardation
though
use
regular
bus
deaf
man
permitted
take
state
cosmetology
exam
assistance
interpreter
blind
man
permitted
take
state
chiropractic
exam
read
alone
deaf
instructors
unable
pass
state
teachers
exam
teachers
deaf
students
assessed
speech
language
skills
inadequate
handicapped
parking
enforcement
utah
page
state
rehabilitation
service
never
hired
deaf
counselor
administrator
child
denied
admission
public
school
teacher
refused
teach
public
school
failed
implement
state
review
panel
findings
regarding
accommodation
child
disability
state
office
persons
disabilities
failed
hire
persons
inaccessible
public
transportation
state
government
denied
persons
disabilities
upper
level
management
jobs
rehabilitation
services
agency
discriminated
employee
reading
disability
qualified
blind
teacher
denied
job
told
school
needed
teacher
also
coach
football
school
hired
sighted
person
coach
inaccessible
public
transportation
inaccessible
government
office
public
school
teacher
refused
give
child
learning
disability
grades
said
belong
public
school
utah
denied
mainstream
education
child
syndrome
though
child
mainstreamed
another
state
person
disability
involuntarily
hospitalized
abused
state
university
hospital
inaccessible
public
high
school
facilities
vermont
page
zoning
board
denied
use
permit
community
mental
health
center
virginia
page
student
learning
disability
misclassified
mentally
retarded
deemed
ineligible
take
drama
class
public
school
inaccessible
buildings
state
school
blind
deaf
youth
failure
enforce
handicapped
parking
laws
inaccessible
restrooms
government
buildings
failure
enforce
handicapped
parking
laws
state
programs
persons
disabilities
failed
communicate
deaf
people
lack
state
institutional
care
rehabilitate
people
head
injuries
inaccessible
traffic
inaccessible
public
transportation
lack
curb
cuts
inaccessible
public
transportation
prevented
persons
disabilities
voting
state
local
government
failed
provide
interpretive
services
deaf
people
meetings
lack
curb
cuts
outside
county
courthouse
deaf
people
denied
access
emergency
services
inaccessible
courthouse
inaccessible
public
transportation
lack
curb
cuts
ramp
access
courthouse
inaccessible
county
courthouse
inaccessible
courthouse
library
inaccessible
high
school
lack
curb
cuts
city
main
intersection
person
wheelchair
received
ticket
obstructing
street
traffic
even
though
sidewalks
accessible
inaccessible
transportation
state
university
campus
washington
page
deaf
people
required
pay
interpretive
services
state
government
lack
tdd
deterred
deaf
people
applying
employment
government
office
lacked
tdd
interpretive
services
deaf
people
state
human
rights
commission
lacked
staff
pursue
case
discrimination
blind
person
community
college
failed
provide
interpretive
services
deaf
students
assist
students
disabilities
ways
local
sheriff
department
discontinued
tdd
inaccessible
restroom
state
ferry
terminal
west
virginia
page
inaccessible
public
transportation
sheriff
denied
person
disability
use
elevator
courthouse
law
enforcement
agencies
lacked
ability
communicate
deaf
people
wisconsin
page
public
school
recreation
program
refused
provide
interpretive
services
deaf
child
state
university
hospital
sheriff
office
failed
provide
tdd
trained
personnel
inaccessible
polling
places
person
disabilities
denied
admission
graduate
study
state
university
inaccessible
city
hall
state
offices
lacked
tdd
failed
provide
material
braille
tape
department
motor
vehicles
revoked
person
diabetes
driver
license
despite
doctor
report
inaccessible
public
transportation
lack
curb
cuts
ramps
department
motor
vehicles
tried
revoke
license
person
used
hand
controls
car
inaccessible
polling
places
blind
deaf
people
denied
equal
access
jury
service
wyoming
page
state
lacked
telephone
relay
system
deaf
people
inaccessible
state
buildings
department
motor
vehicles
denied
driver
license
person
epilepsy
inaccessible
buildings
state
university
zoning
board
denied
permit
group
home
persons
disabilities
person
wheelchair
denied
marriage
license
courthouse
inaccessible
footnotes
respondents
complaints
district
alleged
violations
title
title
ii
ada
petitioners
question
presented
read
apply
sections
see
brief
petitioners
brief
though
briefs
parties
discuss
sections
constitutional
arguments
party
briefed
question
whether
title
ii
ada
dealing
services
programs
activities
public
entity
available
claims
employment
discrimination
title
ada
expressly
deals
subject
see
russello
congress
includes
particular
language
one
section
statute
omits
another
section
act
generally
presumed
congress
acts
intentionally
purposely
disparate
inclusion
exclusion
internal
quotation
marks
omitted
courts
appeals
divided
issue
compare
zimmerman
oregon
dept
justice
bledsoe
palm
beach
cty
soil
water
conservation
disposed
decide
constitutional
issue
whether
title
ii
somewhat
different
remedial
provisions
title
appropriate
legislation
fourteenth
amendment
parties
favored
us
briefing
statutory
question
extent
granted
certiorari
question
whether
respondents
may
sue
state
employers
damages
title
ii
ada
see
rule
portion
writ
dismissed
improvidently
granted
see
monrosa
carbon
black
export
garrett
raised
claims
presently
clear
congress
intended
invoke
one
bases
enacting
ada
see
applying
basic
principles
rationality
review
cleburne
struck
city
ordinance
question
reasoning
city
purported
justifications
ordinance
made
sense
light
city
treated
groups
similarly
situated
relevant
respects
although
group
home
mentally
retarded
required
obtain
special
use
permit
apartment
houses
dwellings
retirement
homes
nursing
homes
sanitariums
hospitals
boarding
houses
fraternity
sorority
houses
dormitories
subject
ordinance
see
ibid
worth
noting
time
congress
enacted
ada
every
state
union
enacted
measures
least
one
member
congress
remarked
probably
one
times
far
front
federal
government
funny
hearing
discrimination
cancer
victims
handicapped
subcommittee
employment
opportunities
house
committee
education
labor
number
provisions
however
go
far
ada
requiring
accommodation
record
show
adopting
tenets
eugenics
movement
early
part
century
required
extreme
measures
sterilization
persons
suffering
hereditary
mental
disease
laws
upheld
constitutional
attack
years
ago
buck
bell
indication
state
persisted
requiring
harsh
measures
ada
adopted
small
fraction
anecdotes
justice
breyer
identifies
appendix
relate
state
discrimination
disabled
employment
somewhere
around
allegations
describe
conduct
conceivably
amount
constitutional
violations
general
brief
firm
conclusion
drawn
overwhelming
majority
accounts
pertain
alleged
discrimination
provision
public
services
public
accommodations
areas
addressed
titles
ii
iii
ada
section
fifteenth
amendment
virtually
identical
fourteenth
amendment
holding
congress
validly
abrogate
sovereign
immunity
suit
private
individuals
money
damages
title
mean
persons
disabilities
federal
recourse
discrimination
title
ada
still
prescribes
standards
applicable
standards
enforced
actions
money
damages
well
private
individuals
actions
injunctive
relief
ex
parte
young
addition
state
laws
protecting
rights
persons
disabilities
employment
aspects
life
provide
independent
avenues
redress
see
supra