The article analyzes Title II and explains why, in the interests of judicial economy, the Zimmerman court correctly held that Title II does not apply to employment discrimination. First, the article discusses the particular wording of the ADA, specifically comparing the language of Title I to the language of Title II. Next, the article briefly considers the Rehabilitation Act of 1973, because Title II should be interpreted consistently with that Act. Then, using the analysis announced by the Supreme Court in Chevron v. Natural Resources Defense Council, Inc. the article examines the Title II regulations promulgated by the Department of Justice. Finally, the article analyzes the five key arguments used by the Ninth Circuit in Zimmerman.
Cabrelle Abel, To Allow to Sue, or Not to Allow to Sue: Zimmerman v. Oregon Department of Justice Decides Title II of the Americans with Disabilities Act Does Not Apply to Employment Discrimination, 24 SEATTLE U. L. REV. 969 (2001).