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504ADA Analogy
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504/ADA Analogy. PGA Tour v. Martin. U.S. Supreme Court. Facts of the Case. Casey Martin is a person with a disability. He is also a talented golfer ... – PowerPoint PPT presentation
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Title: 504ADA Analogy
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504/ADA Analogy
- PGA Tour v. Martin
- U.S. Supreme Court
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(No Transcript)
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Facts of the Case
- Casey Martin is a person with a disability
- He is also a talented golfer
- He physically cannot walk an 18 hole golf course
- 504/ADA require reasonable accommodations
- PGA requires that participants walk the course
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Testimony
- PGA says that walking the course is a fundamental
and essential requirement of the competition - Experts testified that part of the competition
involved dealing with the fatigue of walking the
entire course - To allow Martin to ride in a cart would not be
fair - Martins disability causes fatigue whether he
rides a cart or not.
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- A failure to make reasonable accommodations
.when such modifications are necessary to
afford such .services, privileges, or
accommodations to individuals with disabilities
unless the entity can demonstrate that making
such modifications would fundamentally alter the
nature of such .services, privileges, or
accommodations.
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PGA Mistakes
- Made no attempt to review the medical evidence
provided by Martin in conjunction with his
request. - Made no attempt to consider Martins personal and
individual circumstances and the impact of the
walking rule as it applied to him. - Monumental arrogance on behalf of the PGA
because they did not look at individual inquiry.
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Decision of the Court
- Shot making is essential and walking is not
- Even with the use of a cart, Martin still has
fatigue that is undeniably greater than the
fatigue of his competitors. - Therefore the PGA must waive the rule for Casey
Martin and let him ride a cart - Each case must be looked at on its individual
merits
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Lessons Learned for Educators
- You cannot simply say that you adopted a rule and
that it applies to everyone. - If a person has a disability and seeks an
exemption the schools must look at it. - Must consider exemptions on a case by case basis
- Fair does not mean exactly the same thing for
everyone. Fair means each student gets what he
or she needs.
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More Lessons
- Re-examine your individual practices in dealing
with requests for accommodations - The district and the school board have policies
for dealing with these issues. Do all
administrators, teachers, coaches, and sponsors
know about them and apply them according to
school board policy?
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