ADA Does Not Permit Individual Liability

Falling? ?in?? line? ?with?? every? ?circuit? ?to? ?have addressed the issue, the Ninth Circuit has ruled the?? ADA?? does?? not?? provide? ?for?? individual liability. The Ninth Circuit had previously ruled that there is no individual liability under Title VII. The employee at issue in this case could not sue her former employer directly under the ADA because ?it ?was ?a ?state ?agency.? State ?agencies have 11th Amendment immunity for suits for monetary damages under the ADA. An employee can plead for injunctive relief but in this case the employee did not have standing to request the injunctive? relief? since? she? was? no? longer? a current employee. Walsh v. Nevada Dept. of Human Resources, No. 04-17440 (12/18/06; Noonan; Cox (11th Cir); Paez).