Supreme Court explores nexus between ADA, social security

AIDS Policy Law. 1999 Mar 19;14(5):1, 6-7.

Abstract

AIDS: The U.S. Supreme Court has been asked to determine whether a worker who seeks Social Security Disability Insurance (SSDI) benefits after being fired forfeits the right to sue for job discrimination under the Americans with Disabilities Act (ADA). [Name removed] brought the suit after she was fired from her job at [name removed] Management Systems Corp. following a stroke. She is challenging the ruling by the 5th U.S. Circuit Court of Appeals, which established that a person who was disabled for SSDI could not also be eligible for ADA protection. The case is important to people with AIDS. In [name removed]'s case, the employer denied accommodation to help her do her job, then fired her for poor performance. She turned to Social Security. A lower court ruled that her declaration to Social Security saying she could not work invalidated her rights under ADA. The appeals court upheld the ruling. The Supreme Court ruling is expected in June. Several organizations submitted amicus briefs. Four are summarized. Contact information is included.

Publication types

  • Newspaper Article

MeSH terms

  • Acquired Immunodeficiency Syndrome / complications
  • Civil Rights
  • Disabled Persons / legislation & jurisprudence*
  • Employment / legislation & jurisprudence*
  • Humans
  • Prejudice*
  • Social Security / legislation & jurisprudence*
  • Stroke / complications
  • United States