Atascadero State Hospital v. Scanlon
In Atascadero State Hospital v. Scanlon, 473 U.S. 234, 105 S.Ct. 3142, 3145, 87 L.Ed.2d 171 (1985), the Supreme Court held that Sec. 794 of the Rehabilitation Act, 29 U.S.C. Sec. 504 (1982), which bars employment discrimination by federal fund recipients against the disabled, did not create a cause of action for money damages by an individual who claimed that a state that was receiving federal funds had discriminated against him on the basis of his physical disability.
The Court, noting that the statute only provided for suits against "any recipient" of federal funds, held that this was insufficient to enable the court to be "certain" that Congress had intended to create a cause of action against a state. Atascadero, 105 S.Ct. at 3147-49.
The Court explained that because Congress had not provided for suits against states "in the statutory language," it could not be "certain" of congressional intent. Id. at 3148.
The Court did not discuss the legislative history of the Rehabilitation Act.
In Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 105 S.Ct. 3142, 3149, 87 L.Ed.2d 171 (1985), the Supreme Court held that the Rehabilitation Act, and specifically section 504, did not abrogate the eleventh amendment bar to suits in federal court against the states.