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To Allow To Sue, Or Not To Allow To Sue: Zimmerman V. Oregon Department Of Justice Decides Title Ii Of The Americans With Disabilities Act Does Not Apply To Employment Discrimination, Cabrelle Abel
Seattle University Law Review
The article analyzes Title II and explains why, in the interests of judicial economy, the Zimmerman court correctly held that Title II does not apply to employment discrimination. First, the article discusses the particular wording of the ADA, specifically comparing the language of Title I to the language of Title II. Next, the article briefly considers the Rehabilitation Act of 1973, because Title II should be interpreted consistently with that Act. Then, using the analysis announced by the Supreme Court in Chevron v. Natural Resources Defense Council, Inc. the article examines the Title II regulations promulgated by the Department of …
Employers Beware: The Ninth Circuit's Rejection Of The "Direct Threat To Self" Disability Discrimination Defense In Echazabal V. Chevron, Sheehan Sullivan
Employers Beware: The Ninth Circuit's Rejection Of The "Direct Threat To Self" Disability Discrimination Defense In Echazabal V. Chevron, Sheehan Sullivan
Seattle University Law Review
This Note will address whether the Ninth Circuit should have upheld the "direct threat to self" defense in Echazabal v. Chevron. First, the Note will introduce the "direct threat to self" debate in the context of the ADA's language, the EEOC-outlined regulatory provisions, and the case law surrounding the direct threat question. Specifically, the Note will address (1) the relationship between the ADA and the EEOC, (2) the compatiblity of the ADA with the Rehabilitation Act of 1973, and (3) the case law applying the EEOC regulations, the ADA provisions, and the Rehabilitation Act provisions. Next, the Note will …