The Arc of the United States Disappointed in Divided Court's Decision Limiting Scope of the ADA

ARC of the United States
Wednesday, 21 February 2001

Advocacy Organization Vows Campaign To Strengthen ADA

Washington, DC ¾ The Arc of the United States, the nation's largest volunteer-based organization devoted solely to issues affecting people with mental retardation and related developmental disabilities and their families, today expressed its strong disappointment at the news that a very divided U.S. Supreme Court limited the scope of protections under the Americans with Disabilities Act (ADA) for people with disabilities, including people with mental retardation, against employment discrimination by the states.

Today, the Court, in a 5-4 decision, reversed the 11th Circuit in the Garrett case. The Court held that the Eleventh Amendment protected the states from liability for money damages under Title I the ADA. Although the decision was narrow, it further sets back the ability of people with disabilities to get jobs and will likely exacerbate the already serious problem of unemployment among people with mental retardation and related developmental disabilities, a segment of society that already faces the worst unemployment rate in our country. The Court's decision is especially disheartening considering the extensive and terrible record of discrimination by state governments in the area of employment of people with disabilities.

"It is important for the public to understand that the ADA is not dead," said President of The Arc Karen Staley. "People with disabilities who are discriminated against may still sue those states. However, they cannot sue for monetary damages. The federal government can also continue to sue states on behalf of individuals in employment discrimination cases."

"The Arc calls on President Bush and his Administration to restore the components of the ADA removed by this Court. The Arc calls on the Bush Administration, the Department of Justice, and the Equal Employment Opportunities Commission to continue to pursue disability employment discrimination cases. The Arc calls on Congress to act in the spirit of bipartisanship to explore new legislation to restore the protections lost by this ruling. Finally, The Arc calls on all governors and state legislatures to review states' laws and practices that would make it illegal for states to discriminate against people with disabilities."

The Arc of the United States, through its more than 1,000 state and local chapters, is the largest national voluntary organization devoted solely to the welfare of people with mental retardation, related developmental disabilities and their families. The Arc participated in an amicus brief with other national disability rights organizations on behalf of Garrett and Ash in this case. This brief can be accessed on-line at: http://www.bazelon.org/garrettcase.html

For more information, or to contact ARC of the United States, see their website at: www.thearc.org