Shelley Savage v. Glendale Union High School, District No. 205, Maricopa County

This appeal presents the question of whether an Arizona high school district is an arm of the state entitled to Eleventh Amendment immunity from suit in federal court for alleged violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 & 12203 et seq., and the Rehabilitation Act (“RA”), 29 U.S.C. § 794 et seq. We hold that it is not, and affirm the district court.

I

This case arises out of the termination of plaintiff Shelley Savage’s employment relationship with defendant Glendale Union High School District (“the School District”). Shelley Savage, a disabled individual, was employed by the School District at Independence High School as an education services technician. The management at the high school informed Savage that she must affix a flagpole to her wheelchair in order to make herself more visible to students in the classroom. She objected to the request, informing the management staff she believed it to be discriminatory. Nevertheless, they continued to require that she comply. When Savage refused to put the flag and flagpole on her wheelchair, the School District terminated her employment. Savage subsequently filed a discrimination charge with the…