D. Mass Notes Split Re Whether Title II of ADA Extends to the Employment Context

Per Brown v. Massachusetts Office on Disability, Slip Copy, 2008 WL 687412 D. Mass. Mar. 07, 2008):

Plaintiff next claims pursuant to Title II of the ADA, which provides in relevant part, “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. Although plaintiff invokes Title II of the ADA, the Complaint cites to sections of Title I of that act to claim protection from employment discrimination. There is a split among the circuits whether the protections of Title II extend to the employment context. See Currie v. Group Ins. Comm'n, 290 F.3d 1, 6-7 (1st Cir.2002) (declining to decide the issue); Carmona-Rivera v. Puerto Rico, 464 F.3d 14, 17 (1st Cir.2006) (same).