Fed Regulation 6- Section 504 of the Rehabilitation Act

Question 1

~ Disability Discrimination Theories~

Answer 1

Biomedical model: healthcare industry should fix them.
Economic model: people with disabilities cannot participate in the economy
Sociopolitical model: impairments are realities. social structures construct disabilities
ADA then came along in 1990

Question 2

What classes are protected?

Answer 2

Anyone with a disability.
Not defined in the ADA BUT, use the definition of disability in the ADA: Anyone with a physical or mental impairment that substantially limits one or more life activities of such individual, a record of such an impairment, and being regarded as having such an impairment.
(Examples: having HIV is a considered a disability)

Question 3

What else is required for the protection to apply?

Answer 3

Be “Otherwise qualified” → if they had a reasonable accommodation, they would be able to perform the essential function.

Question 4

Who is obligated to comply with the protection?

Answer 4

Any program or activity receiving federal financial assistance or under any program or activity conducted by any federal agency
Here, hospital receives medicaid /medicare

Question 5

Is there a private right of action?

Answer 5

How can we tell? Does it speak to individuals? Title VI, 601 (Sandoval) ; or 602 (Only talks to agencies)
It’s much closer to 601. So yes, there is a private right of action
Important because people with disabilities don’t have to rely on a public agency

Question 6

Can a private plaintiff bring a claim under a disparate impact theory?

Answer 6

What is it? → Think of a neutral way of implementing the policy. (Ex: We are not discriminating against Artie, its neutral language)
Answer is Maybe! It’s not super clear about whether disparate impact litigation is viable. There’s a circuit split. Depends on Jx.

Question 7

What test is for causation is showed?

Answer 7

Must be the ONLY reason, “solely by reason of disability”
If But For: “P will have to prove by a preponderance of the evidence that they made the decision to exclude P because of the disability”. If there are two reasons for discrimination, then P has to show that the scale tipped in favor of the disability.
If “Solely” on the basis of disability standard: Can P prove that other reasons hospital discriminated on were just based on pretext?

Question 8

Elements for Prima Facie Claim under Section 504 of the FRA:

Answer 8

Plaintiff has a disability
Plaintiff was otherwise qualified to participate in the program
Defendants discriminated against plaintiff solely on the basis of the disability; and,
The program received federal funding