What is the test for a disability claim under Title II of the Federal Disability Act?
MultiRegion, United States of America
The following excerpt is from Tardif v. City of N.Y., No. 19-1360 (2nd Cir. 2021):
To establish a claim under Title II, a plaintiff must demonstrate "(1) that she is a qualified individual with a disability; (2) that she was excluded from participation in a public entity's services, programs or activities or was otherwise discriminated against by a public entity; and (3) that such exclusion or discrimination was due to her disability." Davis v. Shah, 821 F.3d 231, 259 (2d Cir.
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