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Eleventh Circuit allows emotional distress award under Rehabilitation Act.

Publication: Trial
Publication Date: 01-JAN-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
In a case of first impression among the federal courts of appeals, the Eleventh Circuit has ruled that emotional distress damages are available under the Rehabilitation Act of 1973 to victims of disability discrimination by entities receiving federal funds.

The court reversed a Florida federal court's grant of summary judgment to a diagnostic imaging facility that prevented a blind woman with a guide dog from accompanying her minor child to the facility's waiting area for MRI patients. (Sheely v. MRI Radiology Network, P.A., 2007 WL 3087215 (11th Cir. Oct. 24, 2007).)

"When an entity accepts funding from the federal government, it does so in exchange for a promise not to discriminate," the appeals court said. Because a "foreseeable consequence of discrimination is emotional distress to the...

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