Incapacity of disabled to get protection?

Gary Allison gary-allison at UTULSA.EDU
Fri Mar 2 10:20:29 PST 2001


At 11:04 PM 3/1/2001 -0500, you wrote:
>At 9:39 AM -0800 3/1/01, Brian Landsberg wrote:
>>John Noble writes:
>>
>>"DOJ doesn't have a damages claim,"
>>
>>This is incorrect.  See 42 USC 1981a, which authorizes damages
>>awards in ADA employment discrimination cases brought by a
>>"complaining party."  "Complaining party" is defined to include the
>>Attorney General.
>
>Sure. But what are the damages that the Attorney General suffered as
>a result of state discrimination against the disabled?
>

My question is:  Does 42 USC 1981a give the AG authority to pursue damage
actions on behalf of state workers who have been discriminated against by
their states in violation of some federal anti-discrimination statute [age,
disability]?  By this I mean does this provision authorize the AG to in
essence act as each victim's attorney and seek for him or her the same
relief that a private attorney would have sought but for the 11th Amendment
bar?
--
Gary D. Allison
Professor of Law
University of Tulsa College of Law
3120 E. 4th Place
Tulsa, Ok 74104
(918) 631-3052 (O); (918) 631-2194 (F)
gary-allison at utulsa.edu



More information about the Conlawprof mailing list