Answering this “question of first impression” in the circuit, in Brumfield v. City of Chicago, No. 11-2265 (Nov. 6, 2013), the Seventh Circuit today joined the Ninth and Tenth Circuits in concluding that Title II does not extend to employment-discrimination claims. Such claims must be brought under Title I.
The court determined that because, read in context, Title II unambiguously does not reach employment-discrimination claims, the court need not defer to the Attorney General’s rule to the contrary. The court acknowledged that the Eleventh Circuit has reached the opposite conclusion, but the court found that circuit’s analysis unpersuasive.