This is a very dangerous case. That changed not long ago when the Court scuttled an age discrimination law and has crystallized with Garrett into a rule of a bare majority of conservative activists answerable to no one. Before we hit the panic button, we should note that the rule in Garrett is restricted to state employees suing their employers for monetary damages only. It does not affect local or county or private employees, nor does it affect a state employee suing for back pay or to be reinstated to one s original job. The decision also does not prevent the EEOC from bringing a suit on behalf of an individual against a state employer, but because of high case loads, those filing complaints may still be left out in the cold.
Individuals are also free to sue under their states own disabilities laws.
This may indicate that these states have waived their claim to sovereign immunity and may be open to ADA suits.