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42 U.S.C. § 12132

Section 12132 · Discrimination

This is § 202 of the Americans with Disabilities Act of 1990

Amended 1 time on record

The circuits are split over this sectionWhether Title II of the Americans with Disabilities Act applies to employment discrimination claims

Applied in 1,948 court decisions — leading case Board of Trustees of the University of Alabamas v. Patricia Garrett (2001)

Most recently applied in 2025 IL App (1st) 250467 - In re A.M. (December 2025)

Applied most in the First Circuit Circuit (117 decisions)

Cases citing this section usually also cite 29 U.S.C. § 794 · 42 U.S.C. § 1983 · 42 U.S.C. § 12131

How often courts cite this section

199020002010202020251070cited by101-336enacted · 1990 · 101-336circuit splitsplit · 1999 · circuit splitBoard of Trustees of the University of Alabamas v. Patricia Garrettleading · 2001 · Board of Trustees of the University of Alabamas v. Patricia Garrett
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.

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