NCJ Number
215908
Journal
Corrections Today Magazine Volume: 68 Issue: 5 Dated: August 2006 Pages: 72-74
Date Published
August 2006
Length
3 pages
Annotation
After reviewing the history of the Americans With Disabilities Act (ADA) and its application generally and in correctional settings, this article discusses the possibility of State correctional agencies being held liable for damages for ADA violations in the future due to the U.S. Supreme Court's decision in United States v. Georgia.
Abstract
The ADA, which was passed in 1990, is intended to eliminate barriers that have kept persons with disabilities from full participation in society and the economy. It requires that employers, both public and private, not discriminate against job applicants or employees based on a person's disability. Also, government programs and offices, businesses, and public accommodations and transportation must be accessible to persons with disabilities. In United States v. Georgia (2006), the Court unanimously ruled that State prisoners whose rights have been violated under Title II of the ADA--which pertains to the duty of "public entities" to accommodate the needs of disabled persons--may sue for monetary damages, at least in instances when the ADA violation also involves a violation of a prisoner's constitutional rights. Depending on the facts presented and the nature of the violation of ADA or Federal Civil Rights Act in a particular case, liability for damages might be assessed against either the government entity or the individual officers responsible for the violation, or both. The Supreme Court left it to the lower Federal courts to address the issue of whether in enacting Title II, Congress validly abrogated State sovereign immunity from damages for those violations of Title II that do not violate the U.S. Constitution. Still, given the Supreme Court's decision in United States v. Georgia, the author advises correctional officials to pursue full ADA compliance continually through the implementation of all necessary and appropriate regulations, policies, and procedures. 8 notes