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ELWELL v. OKLAHOMA EX REL. BD. OF REGENTS

No. 11-6061.

693 F.3d 1303 (2012)

Judy ELWELL, Plaintiff-Appellant, v. State of OKLAHOMA, ex rel., BOARD OF REGENTS OF the UNIVERSITY OF OKLAHOMA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 11, 2012.

Attorney(s) appearing for the Case

Courtney D. Powell of Lester, Loving & Davies, P.C., Edmond, OK, for Plaintiff-Appellant.

Shawnae E. Robey , Office of Legal Counsel, University of Oklahoma ( Matthew R. Stangl with her on the brief), Norman, OK, for Defendant-Appellee.

Before GORSUCH, HOLMES, and MATHESON, Circuit Judges.

GORSUCH, Circuit Judge.

Does the Americans with Disabilities Act create two separate but overlapping causes of action for employment discrimination? Everyone agrees Title I of the ADA authorizes the disabled to bring employment discrimination claims: it discusses the issue at length and in detail. But can a party bring an employment discrimination claim under Title II as well? Even though Title II never mentions employment and expressly seeks instead to root out discrimination...

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