Eleventh Circuit revives disability bias lawsuits against states.

Trial | December 1, 2003| | Copyright

Two years ago, the U.S. Supreme Court dealt what looked like a death blow to disability discrimination claims against states, ruling that state workers could not sue their employers for money damages under the Americans with Disabilities Act (ADA). (Bd. of Trustees of the Univ. of Ala. v. Garrett, 121 S. Ct. 955 (2001) (Garrett I).)

But the case that took the hit was recently revived by a federal appellate court and may be headed back to the High Court for round two.

On remand, the Eleventh Circuit concluded that state sovereign immunity, which had felled ...

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