7th Circuit Affirms Summary Judgment in ADA Case

On November 25, 2015, the 7th Circuit affirmed an order of summary judgment for the defendants in a lawsuit in which a prison inmate alleged that he was terminated from his prison job on account of a disability, in violation of the Americans with Disabilities Act.  Neisler v. Tuckwell, et al., No. 15-1804 (7th Cir., 11/25/2015).  The plaintiff brought his claim under Title II of the ADA.  However, Title II does not apply to a prisoner's claim of employment discrimination in a prison job.  Title II of the ADA does not cover a prisoner's claim that he suffered workplace discrimination on the basis of a disability.  Title II provides that a public entity may not exclude a qualified individual with a disability from participating in or receiving benefits of services, programs, or activities or otherwise subject the individual to discrimination.  It does not apply to claims of employment discrimination.

Title I of the Americans with Disabilities Act is the exclusive remedy under the ADA for claims of disability discrimination in employment.  Title III of the ADA prohibits discrimination by places of public accommodation, for which it is unlawful to deny public accommodation to an individual on the basis of his or her disability.