Disparate Impact Claims and Federal Disability Discrimination Law

Together, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act provide federal protections for individuals with disabilities in a wide variety of contexts. However, while parties can pursue a private right of action under these statutes, circuit courts are split on whether to recognize disparate-impact discrimination claims. This Contribution argues that Supreme Court precedent and statutory purpose require that disparate impact claims be cognizable.