Abstract

The Americans with Disabilities Act requires that covered entities provide a substantially equivalent experience to that of able-bodied persons. However, the Seventh Circuit, recently applied a but for test for a para-ambulatory high school athlete’s reasonable accommodation request, and denied this request. This Note argues that the Seventh Circuit should have used a two-part meaningful access test, which should be informed by past legislation based on discrimination as a result of physiological differences. To ensure that para-ambulatory student athletes have the opportunity to participate in high school sports, a separate division or qualifying times must be created.

Keywords

Americans with Disabilities, Act, ADA, Title IX, para-ambulatory, high school, athlete, athletics, reasonable accommodation, Seventh Circuit