[blindlaw] ADA from Canada?

[Keith Vick]

Hi,

 

I realize that it has been awhile since this question was posed.  The reason
why I am answer this question with such a delay is that I went over a case
today and thought of the issue posed by Mr. Zufelt's question: does the ADA
'extend' to employer activities in Canada in the provision of services or
employment?

 

I think the answer is a maybe.  A recent case on this issues is Spector v.
Norwegian Cruise Lines, 125 S. Ct. 2169 (2005).  In Spector some disabled
cruise passengers and their companions--alleging, among other matters, that
physical barriers on two of the company's Bahamas-registered ships had
denied the disabled passengers access to various facilities.  The Supreme
Court held that "[a]lthough, in some circumstances, a general statute will
not apply, absent a clear statement of congressional intent, to certain
aspects of the internal operations of foreign vessels temporarily in United
States waters [nevertheless] [t]he cruise ships in question fell within
Title III's definitions of 'public accommodation' and 'specified public
transportation.'" (emphasis added).

 

Hence, some parts of the ADA do apply to events occurring outside the
territory of United States.  However, this does not mean that Title I
(employment) would likewise apply to employer activities in Canada.  A court
could distinguish employment activities in Canada from the facts in Spector
on several factual basis: employment activities v. public accommodations,
Canadian soil v. temporary docking in US waters, etc.  

 

Please keep in mind that I am not an attorney.  I am merely a law student
interested in the ADA.  Also, I am not providing legal advice with this
email. I am merely discussing legal issues.  For legal advice, find a
competent attorney.

 

I hope this helps.

 

Keith Vick

 

 

-----Original Message-----
From: blindlaw-bounces+keith-vick=msn.com at nfbnet.org
[mailto:blindlaw-bounces+keith-vick=msn.com at nfbnet.org] On Behalf Of E.J.
Zufelt
Sent: Wednesday, July 23, 2008 8:13 PM
To: blindlaw at nfbnet.org
Subject: [blindlaw] ADA from Canada?

 

Good evening,

 

I have to admit that living in Canada I am quite unfamiliar with the powers
and jurisdiction of the ADA.

 

Does the ADA assist individuals from other countries who are discriminated
against by U.S. companies in the provision of services or employment?

 

Thanks,

Everett

 

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