The Supreme Court will hear a case next month that could have far-reaching effects on disability rights. The central question in the case, CVS Pharmacy, Inc. vs. Doe, is whether federal law allows for claims of unintentional discrimination against people with disabilities.
At issue is the language in Section 504 of the Rehabilitation Act of 1973, a language used in two other reference laws: the Americans with Disabilities Act and the Affordable Care Act, which protects against discrimination. people with pre-existing conditions. Article 504 prohibits “criteria and methods of administration which have the effect of subjecting” persons with disabilities to discrimination on the grounds of disability.
The Supreme Court case comes from a lawsuit filed against CVS by several people taking prescription drugs for HIV / AIDS and saying the changes to the company’s terms now meant they couldn’t opt for mail-only shipping. or use another pharmacy with experience in handling their special products. medication needs.
They argued that, albeit unintentionally, the company’s policy had a discriminatory effect. The lawsuit was dismissed, and the court ruled that the issues they described did not violate federal disability laws.
When they appealed, the 9th Circuit Court of Appeals upheld the unnamed plaintiffs, known as the Does. CVS then appealed to the country’s highest court, saying in court that the ruling “would change insurance plans and skyrocket health care costs across the country.”
The U.S. Department of Justice has filed a writ in support of the Does.
Supreme Court judges will hear the case’s arguments on December 7.
Defense groups are sounding the alarm, with organizations such as the American Civil Liberties Union, the Disability Rights Education & Defense Fund (DREDF) and the United States Arch presenting writings in support of Does.
“A ruling that Section 504 does not address” unintentional “discrimination or” disparate impact “discrimination would erase a central principle of our Disability Rights Act in key sectors of our society that are only covered by Section 504 “, Claudia Center, Legal Officer. director of DREDF, told CBS News.
He said the court’s decision would have an impact on many different aspects of American life.
“Starting with the federal government,” Center said. “National Parks, Veterans Administration, Medicare Programs, Social Security Administration Benefits, Federal Student Loans, HUD Programs 504 “.
CVS, which received the Department of Labor’s Award for Excellence in Disability Inclusion in 2019, tells CBS News: “We have always given and will continue to strongly support fundamental and fundamental legal protections for people with disabilities “.
“As a company with a long-standing commitment to the disability community and ensuring that marginalized populations have access to affordable health care and medicine in their community, our position must not be misunderstood,” the company said. in a statement. “This case concerns the ability to provide equal health coverage to all members of the plan.”
But DREDF notes that companies already have protections under current law, thanks to a 1985 Supreme Court ruling that created a framework for considering the rights of companies and people with disabilities.
More than 30 years later, a ruling in this case could turn that framework upside down.
“To put it bluntly, we have a very different Court today than in 1985,” Center said. “The Court is also much more polarized … The 1985 opinion was unanimous, which is almost unheard of today.”
Add Comment