Dossey Douglas v. California Department of Youth Authority

Dossey Douglas (“Douglas”) was denied employment by the California Youth Authority (“CYA”) because a vision test indicated that he was color-blind. Douglas brought suit against CYA for its failure to hire him under Title I of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12112 (a), and Section 504 of the Rehabilitation Act (“Section 504”), 29 U.S.C. § 794 . The district court granted summary judgment to CYA on the ground that Douglas’s claims are barred by the applicable statutes of limitations. Douglas argues on appeal that his claims are timely under the continuing violations doctrine because the CYA’s discriminatory policy was on-going. Alternatively, Douglas argues that his failure to comply with the statutes of limitations should be excused under the doctrines of equitable tolling or equitable estoppel. On appeal, CYA argues for the first time that the Eleventh Amendment is a defense to both claims.

With respect to Douglas’s ADA claim, we remand the claim to the district court to determine whether CYA waived its sovereign immunity defense in this case. With respect to Douglas’s Section 504 claim, we conclude that California waived its sovereign immunity defense by…