Over the last several years, the U.S. Supreme Court has issued a string of decisions limiting the rights of state employees to sue their state employers for violating federal employment laws. Now a new high court decision continues the trend, ruling that state employees can’t recover damages for disability discrimination under the Americans with Disabilities Act. But as we’ll explain, this decision doesn’t give you the go-ahead to ignore disabled workers’ needs.
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State Employees Claim Disability Bias
The case involved the claims of two Alabama state employees. Patricia Garrett took a four-month leave from her director of nursing job at the University of Alabama to undergo breast cancer treatment. She claimed that when she returned she was ordered to accept a lower-paying job or quit. Milton Ash, an Alabama Department of Youth security guard, suffered from chronic asthma. He asked the department to enforce its “no smoking” rule in his work area and to repair the department vehicle he had to drive to eliminate carbon monoxide fumes from the passenger compartment. When he was diagnosed with sleep apnea, he asked to be reassigned to the day shift to accommodate his condition. The department refused his requests.
Lawsuits Barred
Garrett and Ash sued the state of Alabama for not accommodating their disabilities under the ADA. The state argued that the claims should be dismissed because under the 11th Amendment to the U.S. Constitution, states are immune from private lawsuits seeking money damages in federal court. The Supreme Court agreed and dismissed both lawsuits, ruling that state employees cannot sue their employers for damages under the ADA.
Remedies Still Available
The Supreme Court’s ruling doesn’t mean public employers are off the hook for disability bias. State workers may still sue for damages under state discrimination statutes. What’s more, despite the new ruling, state employees can still sue under the ADA for injunctive relief rather than damages. And federal government agencies, such as the Equal Employment Opportunity Commission, can bring lawsuits for damages against a state on a disabled employee’s behalf. Plus, the court’s ruling doesn’t bar ADA damage lawsuits by employees of local government agencies.