This section addresses: Otherwise Qualified, ADA/504 Legal Implementation Issues, Fundamental Alteration, Undue Burden, Discrimination, Retaliation, and Harassment.
Links
OCR Letter 11-05-2217. Addresses discrimination and processes for assessing direct threat. (2016)
Justice Department agreement with Compass Career Management, L.L.C. (also known as Compass Career College). Discrimination complaint, HIV, in clinical program. (2015)
Details the specific Section 504 regulations that require students with disabilities to have an equal opportunity for participation in nonacademic and extracurricular services and activities, and discusses the provision of separate or different athletic opportunities. (2013)
OCR Dear Colleague letter addresses the issue of disability retaliation. (2013)
Discrimination, after the fact seeking accommodations (2012)
Excessive force, unreasonable seizure, and disability discrimination under federal and state law. (2011)
Falcone was dismissed because “you have been unable to demonstrate, with or without accommodations, that you can synthesize data obtained in a clinical setting to perform clinical reasoning, which is an essential element of functioning as a medical student and ultimately as a physician.” (2004)
Humphrey v. Memorial Hospital addresses wrongful termination due to disability, meeting definition of qualified person with a disability, and accommodations. (2001)
Discrimination complaint, hostile workplace. (1997)
Wynne v. Tufts, appeal with additional complaint, accommodation request regarding multiple choice examinations; undue burden and fundamental alteration. (1992)
OCR letter 05-91-2065. Denial of admission based on improper preadmission inquiries about mental and physical handicaps. (1991)
School Board of Nassau County v. Arline, heard by the U.S. Supreme Court, addresses factors in terms of a person with a contagious disease being a “handicapped individual” within the 504 definition, and establishing a record of impairment. (1987)
Alexander v. Choate, addressed discrimination under 504 with Tennessee’s reduction of coverage under Medicaid; Supreme Court reversed previous finding. (1985)
City of Cleburne v. Cleburne Independent Living Center addresses discrimination in group homes. (1985)
Lau v. Nichols, ESL and Civil Rights discrimination, U.S. Supreme Court found against San Francisco school system (1974).
Documents
Qualified student with a disability, academic accommodations, open book/open notes accommodation, auxiliary aids, math class. Also available in Word format: OCR Letter College of Southern Nevada Word version. (2010)