Business Services Industry

High court rules states liable under ADA; Case, though narrow, may affect private employers, experts say.(News)(Americans with Disabilities Act)

Business Insurance, May, 2004 by Hofmann, Mark A.

Byline: MARK A. HOFMANN WASHINGTON-States cannot block all Americans with Disabilities Act lawsuits against them by claiming sovereign immunity, a sharply divided Supreme Court held last week. The high court's decision in Tennessee vs. Lane means that individual plaintiffs can seek monetary relief for alleged ADA violations by states, which had claimed that the Constitution's 11th Amendment granted them sovereign immunity from suits brought against them in federal courts.

Although the decision involves public rather than private entities, disability law experts say that it could have implications for private employers as well. The case began when George Lane, a paraplegic, refused to crawl up the steps of the Polk County, Tenn., courthouse-which lacked...

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