In Skinner v. Salem School District, Judge Laplante of the District of New Hampshire recently considered whether one may bring Title II ADA employment discrimination cases based on disability discrimination or if such claims must be brought under Title I. The employer school district moved for a judgment on the pleadings based on its argument that Title II of the Americans with Disabilities Act could not be used by its former employee to bring an employment discrimination claim. The Court denied the employer’s motion for lack of support for the principle that the statute clearly excludes employment discrimination claims.
The Court commented on the current circuit split on this issue. The 11th Circuit has held that the DOJ’s regulatory construction allowing ADA employment discrimination cases deserves sufficient deference to permit such cases to go to trial. The 9th Circuit has rejected this view, stating that the overall construction and purpose of the ADA forecloses the view that Congress intended Title II to apply in the employment context. The 1st Circuit has not taken a clear view on the issue. As a result, Judge Laplante refused to grant the motion for judgment on the pleadings due to the ambiguity of the law as it currently stands, even though he expressed an affinity for the 9th Circuit view. This leaves the door open for ADA employment discrimination cases to proceed to trial in the 1st Circuit, at least until the “ambiguity” is resolved by a Supreme Court or circuit ruling on the issue.
