62 Cited authorities

Mathews v. Eldridge
424 U.S. 319 (1976) Cited 15,803 times 42 Legal Analyses
Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
Board of Regents v. Roth
408 U.S. 564 (1972) Cited 14,710 times 4 Legal Analyses
Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."
Cleveland Board of Education v. Loudermill
470 U.S. 532 (1985) Cited 6,911 times 7 Legal Analyses
Holding that the tenured public employee was "entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story"
Goldberg v. Kelly
397 U.S. 254 (1970) Cited 4,961 times 3 Legal Analyses
Holding that due process rights attach to the deprivation of Government benefits
Alexander v. Choate
469 U.S. 287 (1985) Cited 1,236 times 3 Legal Analyses
Holding that an accommodation is reasonable under the ADA if it provides "meaningful access to the benefit that the [prison] offers"
Henrietta D. v. Bloomberg
Nos. 02-7022 (L), 02-7074 (CON) (2d Cir. Jun. 9, 2003) Cited 780 times
Holding that states incurred liability under the Rehabilitation Act for localities’ violations because the states’ acceptance of federal funds had reflected a promise to ensure statutory compliance
Jolly v. Coughlin
76 F.3d 468 (2d Cir. 1996) Cited 867 times
Holding that where a prisoner had waited over three-and-a-half years to challenge the conditions of his confinement a request to alter those conditions was mandatory rather than prohibitory
Atkins v. Parker
472 U.S. 115 (1985) Cited 318 times
Holding food stamp benefits are property protected by the Due Process Clause
Innovative Health Sys. v. City of White Plains
117 F.3d 37 (2d Cir. 1997) Cited 258 times 1 Legal Analyses
Holding that the zoning decisions of a public entity are covered by the ADA "because making such decisions is a normal function of a government entity"
Forest City Daly Housing v. North Hempstead
175 F.3d 144 (2d Cir. 1999) Cited 221 times
Holding that, for claims under the FHAA, the ADA and the Rehabilitation Act, a proposed accommodation must be "necessary in light of the disabilities" of the plaintiffs; and dismissing claims because "no analogous housing opportunity exist[ed] for persons without disabilities"
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,561 times 87 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 794 - Nondiscrimination under Federal grants and programs
29 U.S.C. § 794 Cited 12,380 times 29 Legal Analyses
Adopting ADA standards for Rehabilitation Act claims
Section 12102 - Definition of disability
42 U.S.C. § 12102 Cited 10,837 times 40 Legal Analyses
Recognizing ADA claim where plaintiff is "regarded as" disabled
Section 12132 - Discrimination
42 U.S.C. § 12132 Cited 8,262 times 11 Legal Analyses
Prohibiting disability discrimination by public entities
Section 12131 - Definitions
42 U.S.C. § 12131 Cited 5,156 times 1 Legal Analyses
Defining discrimination to include the failure to provide "reasonable accommodations"
Section 701 - Findings; purpose; policy
29 U.S.C. § 701 Cited 4,084 times 9 Legal Analyses
Finding that "disability ... in no way diminishes the right of individuals" to "enjoy full inclusion and integration" in the "mainstream of American society"
Section 705 - Definitions
29 U.S.C. § 705 Cited 1,070 times 3 Legal Analyses
Adopting the definition of disability set forth in § 12102
Section 291 - Equality of opportunity a civil right
N.Y. Exec. Law § 291 Cited 105 times 1 Legal Analyses
1. The opportunity to obtain employment without discrimination because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, marital status, or disability, is hereby recognized as and declared to be a civil right. 2. The opportunity to obtain education, the use of places of public accommodation and the ownership, use and occupancy of housing accommodations and commercial space without discrimination because of age, race, creed, color
Section 12103 - Additional definitions
42 U.S.C. § 12103 Cited 66 times
Defining "auxiliary aids and services" to include "qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments"
Section 35.130 - General prohibitions against discrimination
28 C.F.R. § 35.130 Cited 1,592 times 6 Legal Analyses
Finding discrimination in violation of ADA when disabled persons have unequal opportunity to participate in state services or unequal ability to realize the benefit of those services
Section 84.3 - Definitions
45 C.F.R. § 84.3 Cited 608 times
Defining "physical or mental impairment" to include "[a]ny physiological disorder or condition . . . affecting one or more . . . body systems," including the "endocrine" system
Section 35.104 - [Effective until 6/24/2024] Definitions
28 C.F.R. § 35.104 Cited 451 times 6 Legal Analyses
Explaining auxiliary aids and services
Section 35.160 - General
28 C.F.R. § 35.160 Cited 283 times 8 Legal Analyses
Requiring public entities to “take appropriate steps to ensure that communications with ... members of the public ... with disabilities are as effective as communication with others”
Section 84.4 - Discrimination prohibited
45 C.F.R. § 84.4 Cited 133 times 1 Legal Analyses
Requiring recipients of federal financial assistance from the agency to "afford handicapped persons equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement [as non-handicapped persons], in the most integrated setting appropriate to the person's needs"
Section 41.51 - General prohibitions against discrimination
28 C.F.R. § 41.51 Cited 118 times
Implementing the RA's integration requirement
Section 84.52 - Health, welfare, and other social services
45 C.F.R. § 84.52 Cited 74 times
Stating that a recipient who provides health services cannot "[a]fford a qualified handicapped person an opportunity to receive benefits or services that is not equal to that offered nonhandicapped persons"
Section 35.106 - Notice
28 C.F.R. § 35.106 Cited 18 times
A public entity shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part. 28 C.F.R. § 35.106
Section 303.1 - Social services district policy
N.Y. Comp. Codes R. & Regs. tit. 18 § 303.1 Cited 7 times
(a) No social services district or official shall establish or apply any policy or practice which would have the effect of discriminating against an individual because of race, color, national origin, age, sex, religion or handicap. This prohibition shall apply to all aid, care, services, benefits or privileges provided directly, or indirectly by other agencies, organizations or institutions participating under contractual or other arrangements. (b) In the provision of public assistance, child welfare
Section 15b.3 - Definitions
7 C.F.R. § 15b.3 Cited 6 times
As used in this part, the term or phrase: (a)The Act means the Rehabilitation Act of 1973, Public Law 93-112 , 87 Stat. 390 (1973), as amended by the Rehabilitation Act Amendments of 1974, Public Law 93-651 , 89 Stat. 2 (1974) and Public Law 93-516 , 88 Stat. 1617 (1974) and the Rehabilitation, Comprehensive Services and Developmental Disabilities Amendments of 1978, Public Law 95-602 , 92 Stat. 2955 (1978). The Act appears at 29 U.S.C. 701-794 . (b)Section 504 means section 504 of the Act, 29 U

Rafferty et al v. Doar et al

62 Cited authorities

Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."

Holding that the tenured public employee was "entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story"

Holding that due process rights attach to the deprivation of Government benefits

Holding that an accommodation is reasonable under the ADA if it provides "meaningful access to the benefit that the [prison] offers"

Holding that states incurred liability under the Rehabilitation Act for localities’ violations because the states’ acceptance of federal funds had reflected a promise to ensure statutory compliance

Holding that where a prisoner had waited over three-and-a-half years to challenge the conditions of his confinement a request to alter those conditions was mandatory rather than prohibitory

Holding food stamp benefits are property protected by the Due Process Clause

Holding that the zoning decisions of a public entity are covered by the ADA "because making such decisions is a normal function of a government entity"

Holding that, for claims under the FHAA, the ADA and the Rehabilitation Act, a proposed accommodation must be "necessary in light of the disabilities" of the plaintiffs; and dismissing claims because "no analogous housing opportunity exist[ed] for persons without disabilities"

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Adopting ADA standards for Rehabilitation Act claims

Recognizing ADA claim where plaintiff is "regarded as" disabled

Prohibiting disability discrimination by public entities

Defining discrimination to include the failure to provide "reasonable accommodations"

Finding that "disability ... in no way diminishes the right of individuals" to "enjoy full inclusion and integration" in the "mainstream of American society"

Adopting the definition of disability set forth in § 12102

Defining "auxiliary aids and services" to include "qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments"

Finding discrimination in violation of ADA when disabled persons have unequal opportunity to participate in state services or unequal ability to realize the benefit of those services

Defining "physical or mental impairment" to include "[a]ny physiological disorder or condition . . . affecting one or more . . . body systems," including the "endocrine" system

Explaining auxiliary aids and services

Requiring public entities to “take appropriate steps to ensure that communications with ... members of the public ... with disabilities are as effective as communication with others”

Implementing the RA's integration requirement

Stating that a recipient who provides health services cannot "[a]fford a qualified handicapped person an opportunity to receive benefits or services that is not equal to that offered nonhandicapped persons"