How have courts interpreted Section 504(1) of the 504(2) and what is the test to establish a violation of that section?
MultiRegion, United States of America
The following excerpt is from Kirby v. Brown, No. 2:13-cv-00021 LKK JFM (PS) (E.D. Cal. 2013):
As noted above, "Section 504 creates a private right of action for individuals subjected to disability discrimination by any program or activity receiving federal financial assistance[.]" Fleming, 587 F.3d at 940. To establish a violation of that provision
Lovell v. Chandler, 303 F.3d 1039, 1052 (9th Cir. 2002), cert. denied, 537 U.S. 1105 (2003) (emphasis added).
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