10.08.2008

W.D. Pa. Reports Circuit Split Re Whether Title II Applies to Employment Claims

Per Hemby-Grubb v. Indiana University of Pennsylvania, 2008 WL 4372937 (W.D.Pa. Sep 22, 2008):

The Third Circuit has yet to squarely address the issue. There is a split in the Circuits before whom the question has come. In Zimmerman v. Or. Dep't of Justice, 170 F.3d 1169 (9th Cir.1999), the Ninth Circuit held that Title II does not apply to employment claims. Id. at 1184. Conversely, in Bledsoe v. Palm Beach County Soil & Water Conser v. Dist., 133 F.3d 816 (11th Cir.1998), the Eleventh Circuit held that it does. Id. at 820.

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