A rugged, whitewater river flowing northward through deep canyons, the New River is among the oldest rivers on the continent. New River Gorge National River in West Virginia encompasses over 70,000 acres of land along the New River, is rich in cultural and natural history, and offers an abundance of scenic and recreational opportunities.
The following are some of the significant cases in this area. They are offered as a start to understanding the issues, and are not intended as a substitute for obtaining legal advice from DOI's Solicitor's Office or private counsel. These summaries are intended neither as a legal analysis regarding specific matters, nor as a complete review of the topic.
ADA Home Page, provides an Americans with Disabilities Act information line, and information on enforcement, status reports, technical assistance program, certification, technical assistance materials, new or proposed regulations, settlement information, and ADA mediation, and is supported by the Department of Justice.
DOJ Litigation, reviews recent cases under ADA and is supported by the Department of Justice.
The ADA Document Center, provided by the Great Lakes Disability and Business Technical Assistance Center, the ADA-OHIO Steering Committee, and Duncan C. Kinder.
Southeastern Community College v. Davis, 442 U.S. 397, 99 S.Ct. 2361 (1979). Held that a person was "qualified" only if she could, with her hearing disability, performed essential functions of her position.
Bragdon v. Abbott, U.S. 118 S.Ct. 2196 (1998). Court addressed for the first time the question of what constitutes a disability, in the context of alleged discrimination in a public accommodation. Court found that reproduction is a major life activity, and that HIV substantially limited this major life activity.. In this case, the Court also addressed the question of proof that a disabled person poses a direct threat to the safety of others.
School Board of Nassau City v. Arline, 480 S.Ct. 273 (1987). School teacher with TB was improperly dismissed. While the Rehabilitation Act does not protect an individual who posed "a significant risk of communicating an infectious disease to others," this determination must be based on medical or other objective scientific evidence, not simply on a good faith belief that a significant risk existed.