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Discrimination in Federally Funded Programs Briefs
- Tennessee v. Lane, 315 F.3d 680 (2004).
Did Congress have the authority to enact Title II of the Americans with Disabilities Act, which allows people with disabilities to sue states for money damages if the state discrimnates against them in the provision of services and programs? The Epilepsy Foundation and other disability rights groups argue "yes" in this brief, which traces the history of discrimination by states and local governments thorugh discriminatory legislation and case law.
- Lane v. Pena , 518 U.S. 187 (1995).
- Can an individual sue the federal government for discrimination under Section 504 of the Rehabilitation Act and get money damages? The Epilepsy Foundation and other disability rights organizations argue "yes" in this Amicus Brief.
- Thurber v. Browner, 93C 2061 (N.D. Ill. 1993).
- (Complaint) Did an employer violate Section 504 of the Rehabilitation Act by failing to accommodate the employee when it refused to modify its fire alarm system so that the system’s strobe lights no longer precipitated the employee’s seizures? The employee claims that it did in this Complaint.
- Heckler v. Am. Hosp. Assoc., 472 U.S. 1016 (1985).
- Is a newborn with a disability protected from discrimination in the provision of healthcare? Civil rights organizations argue "yes" in this Amicus Brief, explaining that protections afforded to persons with disabilities under Section 504 of the Rehabilitation Act of 1973 apply at the moment of birth.
- Am. Acad. of Pediatrics v. Heckler, 594 F. Supp. 69 (D.C.D.C. 1984)
- Are health care providers required to provide the food or medical care customarily provided to infants without disabilities to infants with disabilities? The Epilepsy Foundation and other disability rights organizations argue "yes" in this memorandum.
- Univ. of Texas v. Camenisch , 449 U.S. 950 (1980).
- Are colleges and universities that receive federal funding required to provide effective accommodations to individuals with disabilities? The Epilepsy Foundation and other disability rights organizations argue "yes" in this Amicus Brief, where they explain that this requirement includes the provision of interpreter services for deaf students if needed to ensure effective participation in academic programs.
- Southeastern Community Coll. v. Davis , 442 U.S. 397 (1979).
- Does federal law require covered programs to first determine, on a case-by-case basis, if a person is qualified for an educational program without reference to her disability, and, then determine if modification of the program due to her disability is necessary? The Epilepsy Foundation and other disability rights organizations argue "yes" in this Amicus Brief.
- Murphy v. City of Jacksonville , 86-1123-Civ-J-12 (M.D. Fl.).
- (Complaint) Did the city violate Section 504 of the Rehabilitation Act when it terminated a police officer because he had a seizure disorder? The police officer claims that it did in this Complaint.
- Dyndur v. Shannon , C.A. No. 81-4507 (R.I.).
- (Decision) The issue in this case was whether the police academy had any legitimate reason to reject the application of an individual with epilepsy.
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