188
Syllabus
(b) The "equalization" provision of § 1003 of the Rehabilitation Act Amendments of 1986—which, after waiving the States' Eleventh Amendment immunity from federal-court suit for violations of § 504 and other civil rights statutes, specifies that legal and equitable remedies are available in such a suit "to the same extent as . . . in the suit against any public or private entity other than a State"—does not reveal congressional intent to equalize the remedies available against all defendants for § 504(a) violations, such that federal agencies, like private entities, must be subject to monetary damages. Although Lane's argument to this effect is not without force, it is ultimately defeated by the existence of at least two other conceivable, if not entirely satisfactory, interpretations of the equalization provision: (1) that "public . . . entit[ies]" refers to the nonfederal public entities receiving federal financial assistance that are covered by each of the referenced federal statutes; and (2) that "public or private entit[ies]" is meant only to subject the States to the scope of remedies available against either public or private § 504 defendants, whatever the lesser (or perhaps the greater) of those remedies might be. Pp. 197-200.
Affirmed.
O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Stevens, J., filed a dissenting opinion, in which Breyer, J., joined, post, p. 200.
Walter A. Smith, Jr., argued the cause for petitioner. With him on the briefs were Daniel B. Kohrman, Audrey J. Anderson, Arthur B. Spitzer, and Steven R. Shapiro.
Beth S. Brinkmann argued the cause for respondents. With her on the brief were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Bender, Barbara C. Biddle, and Christine N. Kohl.*
*Linda D. Kilb, Arlene B. Mayerson, and Patricia Shiu filed a brief for the American Association of Retired Persons et al. as amici curiae urging reversal.
Michael A. Greene and Jerry W. Lee filed a brief for the American Diabetes Association as amicus curiae.
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