Elwell v. Oklahoma, Ex Rel. Board of Regents
693 F.3d 1303
| 10th Cir. | 2012Background
- Ms. Elwell, a University of Oklahoma employee, sues alleging Title II ADA employment discrimination and Oklahoma state law claims.
- She suffered a degenerative spinal condition and sought accommodations, allegedly denied them and fired due to disability.
- The district court dismissed Title II as not providing an employment-discrimination claim and dismissed federalism-based immunity issues.
- The core question is whether Title II reaches employment discrimination or whether Title I exclusively governs employment claims.
- The opinion analyzes statutory text, structure, and related caselaw to determine Title II’s scope, then addresses state-immunity and Oklahoma law considerations.
- The court ultimately holds Title II does not create an employment-discrimination claim and affirm the district court’s dismissal; immunity issues are not decided on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Title II of the ADA create a Title II employment-discrimination claim? | Elwell argues Title II covers employment discrimination. | University argues Title II does not cover employment discrimination. | No; Title II does not provide an employment-discrimination claim. |
| If Title II lacks employment claims, can Oklahoma waive sovereign immunity for OADA claims? | Elwell contends OADA allows suit against the state. | Oklahoma law (OGTCA) precludes such waiver. | Waiver not established; district court affirmed on state-immunity grounds. |
Key Cases Cited
- Zimmerman v. Oregon Dept. of Justice, 170 F.3d 1169 (9th Cir. 1999) (statutory interpretation on Title II scope appellate precedent cited)
- Sullivan v. Stroop, 496 U.S. 478 (Supreme Court (1990)) (normal rule of identical terms in statute context)
- Fourco Glass Co. v. Transmirra Prods. Corp., 353 U.S. 222 (1957) (specific controls the general; avoid superfluous language)
- RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 132 S. Ct. 2065 (2012) (avoidance of superfluous general provisions)
- Atascadero State Hosp. v. Scanlon, 473 U.S. 234 (1985) (immunity waiver analysis framework for states)
- Tennessee v. Lane, 541 U.S. 509 (2004) (Title II authorized to address public services; context of ADA structure)
- Bd. of Trustees of Univ. of Ala. v. Garrett, 531 U.S. 356 (2001) (Eleventh Amendment immunity and Title I scope; cross-title implications)