Receipt of Federal Financial Assistance Waives Immunity Under the Rehabilitation Act of 1973
 
December 24, 2003
 

State agencies are not immune from being sued under Section 504 of the Rehabilitation Act of 1973, which prohibits, among other things, disability discrimination in programs or activities that receive federal financial assistance, the Eleventh Circuit Court of Appeals recently held in Garrett v. University of Alabama at Birmingham Board of Trustees, 344 F.3d 1288 (11^th Cir. 2003). Generally, the Eleventh Amendment to the U.S. Constitution grants states sovereign immunity from suits against them in federal courts, unless a law or statute waives the state’s immunity.

The Garrett case involved a university nurse who filed suit against the University of Alabama at Birmingham (UAB). The nurse was diagnosed with breast cancer and accused her supervisors of making derogatory comments about her illness and demoting her while she was on a medical leave of absence. She sued her former employer under the Americans With Disabilities Act (ADA), the Rehabilitation Act and other claims.

The case originally went to the United States Supreme Court on the ADA claim, which held that the ADA did not apply to states (and their agencies) because Congress exceeded its authority in attempting to waive 11^th Amendment immunity for such claims. As a result, the nurse’s ADA claim was barred. Following that decision, the parties proceeded under other claims, including the Rehabilitation Act.

Back in the trial court, UAB successfully defended against the claims of disability discrimination raised under the Rehabilitation Act. On appeal, however, the Eleventh Circuit held that because the University received federal funds, it was required by law to waive its Eleventh Amendment immunity for claims arising under Section 504. Consequently, the federal appeals court reinstated the nurse’s Rehabilitation Act claims, and sent the case back again to the trial court for further proceedings.

There is now an odd contrast between disability discrimination claims under the ADA compared to those raised under The Rehabilitation Act. While both are federal laws that prohibit discrimination on the basis of disability, states (and their agencies) enjoy immunity from claims under the ADA (in employment and public accommodations), but not from claims under the Rehabilitation Act.

For more information, e-mail Cynthia Brennan at cynthia.brennan@hklaw.com or call toll free, 1-888-688-8500.

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