In University of Alabama v. Garrett, the United States Supreme Court invalidated the Americans with Disabilities Act as it applied to the states when it held that the Eleventh Amendment precludes private individuals from suing a state in federal court for money damages. Many federal antidiscrimination statutes that protect employee rights from state infringement are enforced through private litigation. Thus, given the impact that Garrett could have on federal antidiscrimination law, it is important to determine whether the Court came to the correct conclusion concerning the Americans with Disabilities Act. An analysis of Garrett shows that, contrary to the Court's holding in Garrett, the Americans with Disabilities Act should apply to the states because it is a congruent and proportional response to disability discrimination.
Nicole S. Richter,
The Americans with Disabilities Act after University of Alabama v. Garrett: Should the States Be Immune from Suit?,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol77/iss2/10