U.S. Supreme Court Agrees To Hear California ADA Employment Case
By Dave Reynolds, Inclusion Daily Express
November 19, 2002
WASHINGTON, DC--On Monday, the U.S. Supreme Court agreed to hear a case that could further define whether people can sue state agencies under the 1990 Americans with Disabilities Act.
The case involves Michael J. Hason, a doctor who sued the California Medical Board after it refused to grant him a medical license because of his disability.
Hason, who experiences depression, argued that the board should have given him a reasonable accommodation by offering him a probationary license and requiring him to go through therapy. A psychiatrist told the board that Hason should be allowed to practice medicine because he was not a danger to patients.
An appeals court ruled that Hason could sue under the ADA, but the board claimed that a 2001 Supreme Court ruling protects it from suits filed by individuals.
In that ruling, Alabama v. Garrett, the court determined that state workers could not use the ADA to sue their employers for damages.
Four Supreme Court rulings last year further limited the scope of the ADA.