Cite as: 518 U. S. 187 (1996)
Opinion of the Court
Justice O'Connor delivered the opinion of the Court. Section 504(a) of the Rehabilitation Act of 1973, 87 Stat. 355, 29 U. S. C. § 791 et seq. (Act or Rehabilitation Act), prohibits, among other things, discrimination on the basis of disability "under any program or activity conducted by any Executive agency." 29 U. S. C. § 794(a) (1988 ed., Supp. V). The question presented in this case is whether Congress has waived the Federal Government's sovereign immunity against awards of monetary damages for violations of this provision.
I
The United States Merchant Marine Academy is a federal service academy that trains students to serve as commercial merchant marine officers and as commissioned officers in the United States Armed Forces. The Academy is administered by the Maritime Administration, an organization within the Department of Transportation. Petitioner James Griffin Lane entered the Academy as a first-year student in July 1991 after meeting the Academy's requirements for appointment, including passing a physical examination conducted by the Department of Defense. During his first year at the Academy, however, Lane was diagnosed by a private physician as having diabetes mellitus. Lane reported the diagnosis to the Academy's Chief Medical Officer. The Academy's Physical Examination Review Board conducted a hearing in September 1992 to determine Lane's "medical suitability" to continue at the Academy, following which the Board reported to the Superintendent of the Academy that Lane suffered from insulin-dependent diabetes.
In December 1992, Lane was separated from the Academy on the ground that his diabetes was a "disqualifying condition," rendering him ineligible to be commissioned for service in the Navy/Merchant Marine Reserve Program or as a Naval Reserve Officer. After unsuccessfully challenging his separation before the Maritime Administrator, Lane brought
189
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007