Chapter 5 - § 5.11 • OTHER ISSUES

• Jurisdiction: Colorado

§ 5.11 • OTHER ISSUES

Although there are too many evolving issues under the ADA to discuss fully here, three issues that are receiving a great deal of attention concern (1) the constitutionality of Title II of the ADA as applied to states; (2) the interplay between disability benefits and the ADA; and (3) class actions under the ADA.

§ 5.11.1—Constitutionality Of The ADA As Applied To States

As part of a wave of decisions construing the protection afforded states by the Eleventh Amendment from suit in federal court, the Supreme Court in Board of Trustees v. Garrett, 531 U.S. 356 (2001), held that the Eleventh Amendment bars individuals from recovering monetary damages from state governments under Title I of the ADA. The Court limited the scope of the Garrett decision in several important respects. First, although the parties to Garrett had originally asked the Supreme Court to decide both Title I and Title II, the Court only decided Title I, and explicitly stated, "We are not disposed to decide the constitutional issue whether Title II, which has somewhat different remedial provisions from Title I, is appropriate legislation under § 5 of the Fourteenth Amendment. . . ." Id. at 360, n. 1. Second, the Court made clear that, under the doctrine of Ex Parte Young, 209 U.S. 123 (1908), the Eleventh Amendment does not bar actions seeking injunctive — as opposed to monetary — relief by individuals against states. Id. at 374, n. 9. Finally, the Garrett decision also made clear that immunity from damages suits "does not extend . . . to units of local government." Thus, lawsuits seeking both injunctive and monetary relief are still available against local governments and public entities that are not the state. Id. at 369.

§ 5.11.2—Relationship Of Social Security And Other Disability Claims To A Claim Of Disability Discrimination Under The ADA

After an injury, many workers apply for disability benefits, including Social Security benefits, that require them to swear that they are totally disabled. In particular, in order to receive Social Security benefits, a worker must declare that he or she is "disabled," which is defined as unable "to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. § 423(d)(1)(A). The Supreme Court in Cleveland v. Policy Management...