My question involves public health law in the State of: two scenarios.
Tx, I had surgery on my arm due to nerve damage from a structural abnormality and was refused accommodations by a professor for the surgery. Does that violate the ADA?
My question involves public health law in the State of: two scenarios.
Tx, I had surgery on my arm due to nerve damage from a structural abnormality and was refused accommodations by a professor for the surgery. Does that violate the ADA?
The Americans with Disabilities Act (ADA) does not apply to students in college. Rather, if the school receives federal funds, then it is the Rehabilitation Act of 1973 that applies. It provides similar protections to the ADA and indeed the ADA was in part modeled on the Rehabilitation Act. But they are not the same. There are two issues here. The first is whether the injury you had qualifies as a disability. The second is what accommodation, if any, the college or university was required to provide for it. What is your claimed disability and what exact accommodation did you request?
And had this fallen under the ADA, it is quite unlikely that scenario one was a violation based on the facts provided (not definitely, but unlikely and we would need more facts to be certain either way).