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The 2001 U.S. Supreme Court case, Board of Trustees v. Garrett, which explored the ramifications of the Americans with Disabilities Act, 1990 - Essay Example

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Although there was discrimination in the ruling of the Supreme Court, the pattern of discrimination was not clear according to the state of Alabama in relation to the employees with disabilities and so the monetary damages were not appropriate. Title 1 of the case was about the…
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The 2001 U.S. Supreme Court case, Board of Trustees v. Garrett, which explored the ramifications of the Americans with Disabilities Act, 1990
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Extract of sample "The 2001 U.S. Supreme Court case, Board of Trustees v. Garrett, which explored the ramifications of the Americans with Disabilities Act, 1990"

Download file to see previous pages They should also have a record of this impairment and the society should also regard them as people with disabilities. The case above involved Congress enforcement powers which had been introduced under the fourteenth amendment of the constitution.
The Act also states that a disabled person who is in a better position and is qualified to work should then not be denied the opportunity whether the reasonable accommodation would be applied or not (The Americans with Disabilities Act, 2003). The above stated case had significant suggestions which included one that people with disabilities had been denied some rights of employment since states were not responsible for money damages. The other suggestion is that supremacy was used by the court thus the Congress’s power was not accountable in reference to laws of civil rights. The final implication of the case is that the court failed to cater for the traditions that disregard discriminating disabled people. The Congress was then unable to formulate other legislation that would go against the states in their stand for unequal share in employment. The court also ailed that it would not accept cases of discrimination from local governments but only from the states and that traditional evidence of discrimination was not applicable (The Americans with Disabilities Act, 2003).
The facts about the above case are that the plaintiffs involved were Milton Ash and Patricia Garrett who were also employees of the University of Alabama. The two employees were both disabled under ADA. Ash worked as a security gourd who also suffered from asthma for a long time in his life. He requested that management should enforce strict laws on smokers around the compound by use of posters around the gate. Ash also wanted the vehicle he was using to be serviced for them not to release the dangerous gas in this case carbon monoxide. He ...Download file to see next pagesRead More
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