Southeastern Community College v. Davis (1978)
- Docket
- 78-711
- Decided
- 1978-01-01
Summary
Question: Did Southeastern Community College violate Section 504 of the Rehabilitation Act of 1973 in denying Davis admission to its nursing program? Conclusion: No. Justice Lewis F. Powell, Jr. wrote for a unanimous court that an "otherwise qualified handicapped individual" specified by the Act meant one who meets all the program's requirements "in spite of his handicap" as opposed to "in every respect except as to limitations imposed by their handicap." Even with an improved hearing aid, Davis still required lip-reading to understand speech, and therefore was not "otherwise qualified." Since Davis could not be admitted to Southeastern's program without substantial changes to admission requirements, Davis' rejection did not constitute unlawful discrimination.