5.17.2007

N.D. Ga. Notes Split Re Whether Claims under Title II of the ADA Are Available in Instances of Employment Discrimination

Per Clifton v. Georgia Merit System, 478 F.Supp.2d 1356 (N.D. Ga. Mar. 06, 2007):

Title II of the ADA, 42 U.S.C. §§ 12131-12134, provides, “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. § 12132. The law is unclear whether claims under Title II are available in instances of employment discrimination. See Garrett, 531 U.S. at 360, n. 1, 121 S.Ct. at 960 (noting that the courts of appeals are split on the issue, but declining to address it). Neither does the language of Title I clarify the issue, as it says nothing about being an exclusive remedy or avenue for suit. See Currie v. Group Insurance Commission, 290 F.3d 1, 6 (1st Cir.2002); 42 U.S.C. § 12112.

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