Attorney General's News Release
March 1, 2001
After U.S. Supreme Court decision:
Nixon calls for legislation to give disabled state workers equal recourse in seeking protection from discrimination
Jefferson City, Mo. — In an effort to protect disability rights in Missouri, Attorney General Jay Nixon today urged the General Assembly to pass legislation that would give state employees the right to sue the state on claims they were discriminated against under the federal Americans with Disabilities Act (ADA).
State Sen. Betty Sims of St. Louis and state Rep. Chuck Graham of Columbia have introduced bills in the General Assembly (SB 550 and HB 915) this week that would grant limited consent for the state to be sued in state courts.
Last Wednesday, the U.S. Supreme Court ruled in a 5-4 decision in an Alabama case that Congress could not make the states liable under the ADA, meaning state employees do not have the right to sue the state under the law. Private sector employees have the right to sue their employers under the ADA for claims of discrimination.
"Why should the state be any less responsible than all private sector employers in complying with the ADA?" Nixon said. "State government should be a leader, not a shirker, on issues of discrimination and should not be allowed to treat its employees as second-class citizens. In Missouri, at least, the General Assembly can right this wrong by passing a law that would allow lawsuits by our state employees with ADA discrimination claims to be filed in state court."
"This decision — made by the narrowest of margins — continues this Supreme Court's trend of chipping away at federal civil rights protections in the name of states' rights," said Max Starkloff, president and founder of Paraquad, a not-for-profit, non-residential center for independent living serving the St. Louis area. "I applaud Attorney General Nixon for taking a leadership role on this issue and also support the bills sponsored by Sen. Sims and Rep. Graham."
Nixon said Graham's legislation would specifically provide a waiver of immunity for such lawsuits to be brought against the state.
Last summer, Nixon filed an amicus brief to support the enforcement of the ADA in University of Alabama v. Garrett. Patricia Garrett was a nursing director at the University of Alabama Hospital who took a four-month leave to undergo surgery, radiation and chemotherapy for breast cancer. When Garrett returned to work, she was given the choice of taking a lower-paying job or quitting.
"The ADA has been responsible for allowing citizens with disabilities to work and do business in government buildings throughout the states," Nixon said. "This is not the time to turn back."
Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).
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E-mail Phone: 573-751-8844 Fax: 573-751-5818