You asked whether the federal Americans with Disabilities Act (ADA) covers a state employee who is fired during his probationary period.

This office is not authorized to render a legal opinion and this report should not be considered as one.

SUMMARY

Under a recent U. S. Supreme Court decision, the employee would not be covered by the ADA. The employee may be covered by state discrimination laws and may be able to file a complaint with the Connecticut Commission on Human Rights and Opportunities.

ADA AND STATE EMPLOYEES

The ADA bars certain governmental and private employers from discriminating against applicants or employees based on their disabilities. The U. S. Supreme Court ruled in Board of Trustees of the University of Alabama v. Garrett that the ADA cannot be used by individuals to sue state employers for money damages in federal court. The Court concluded that the U. S. Constitution's 11^th Amendment makes states immune from such lawsuits. Only a pattern of

unconstitutional discrimination by states can overcome this immunity, and even then, the remedy imposed by Congress must be congruent with and proportional to the seriousness of the states' unconstitutional actions.

STATE LAW

Connecticut law prohibits employers, including the state, from discharging any individual because of the individual's physical disability (CGS § 46a-60). The state agency responsible for investigating discrimination claims is the Commission on Human Rights and Opportunities.

LM: eh