Fed Regulation 7- Title III ADA

Question 1

Title III

Answer 1

Title III of the ADA prevents discrimination by public accommodations. Title III States “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (leases to), or operates a place of public accommodation

Question 2

What classes are protected?

Answer 2

“No individual with a disability”
Broader coverage than FRA

Question 3

What else is required for the protection to apply?

Answer 3

Nothing else

Question 4

Who is obligated to comply with the protection?

Answer 4

Any place of public accommodation, not just cafeterias or restaurants anymore. Most important part is it covers private doctors offices and hospitals.
Broader than the FRA

Question 5

Is there a private right of action?

Answer 5

Yes. It is phrased in individual terms, privately enforceable.

Question 6

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

Answer 6

Unclear. Looks identical to the Rehabilitaiton Act, so maybe

Question 7

What test is for causation is showed?

Answer 7

Not so clear. “On the basis of disability” → Title III of the ADA says “on the basis” of disability, that tracks with Title IX.
We think that “But For”causation is the standard here under civil litigation standard of preponderance of the evidence.

Question 8

Prima Facie Elements of Title III of the ADA, the plaintiff:

Answer 8

Must have a disability
The defendants discriminated against the plaintiff, and
The discrimination was based on the disability

Question 9

Direct Threat Provision:

Answer 9

Tries to balance provider risk
Making sure that doctors aren’t exposed to direct threat by failing to treat people with disabilities differently. Construed VERY NARROWLY. Courts will have to require external objective evidence.