The NAD Argues In Section 504 Case

The National Association of the Deaf (NAD) filed an amici curiae (friends of the court) brief with 17 other disability rights advocacy groups, arguing that victims of disability discriminations by states should be entitled to fully exercise their rights and remedies under Section 504 of the Rehabilitation Act of 1973, including recovering monetary damages.

The brief, filed in the United States Court of Appeals for the Eleventh Circuit, support plaintiffs-appellants Patricia Garrett and Milton Ash's brief supporting reversal of a federal district court's dismissal of their Section 504 of the Rehabilitation Act claims "...against the Trustees of the University of Alabama at Birmingham and the Alabama Department of Youth Services, both defendants in this case."

"Monetary damages are a necessary remedy under Section 504 to ensure that states do not discriminate against their own employees and applicants for employment," said Marc Charmatz, NAD Staff Attorney. "If a state denies employment to a job applicant due to the applicant's disability, or refuses to accommodate an employee, the state has discriminated against the individual. Who wants to work for a state that discriminates? Monetary damages compensate individuals who have been victims of discrimination and may have no other form of relief."

In Board of Trustees v. Garrett, 531 U.S. 356 (2001), the Supreme Court of the United States held that states are immune from suit for monetary damages under Title I of the Americans with Disabilities Act. The Supreme Court did not decide the issue of whether states can be sued for monetary damages under Section 504. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability by recipients of federal funds. Generally, as a condition of receiving federal funds, states agree to comply with Section 504. On remand of this case, a federal district court held that private individuals cannot file monetary damage claims under Section 504. The friend of the court brief asks a federal appeals court to reverse this decision.

"This is one of the many issues that the NAD Law and Advocacy Center (LAC) is tackling to address important issues affecting all deaf and hard of hearing individuals as well as other individuals with disabilities," commented NAD LAC Director Kelby Brick. "This brief was partially written by a deaf attorney, John Stanton, a senior associate at Howrey Simon Arnold & White. The NAD LAC recognizes and appreciates his valuable contribution."

About the NAD Established in 1880, the National Association of the Deaf (NAD) is the nation's oldest and largest nonprofit organization safeguarding the accessibility and civil rights of 28 million deaf and hard of hearing Americans across a broad range of areas including education, employment, health care, and telecommunications.

The NAD is a dynamic federation of 51 state association affiliates including the District of Columbia, organizational affiliates, and national members. Primary areas of focus include grassroots advocacy and empowerment, policy development and research, legal assistance, captioned media, information and publications, and youth leadership.