Before proceeding with today’s blog entry, I want to wish everyone celebrating a happy new year. I realize that my blog entry is late this week, but I have a good reason for it. We got back from parents weekend last Sunday, then had to deal with Helene damage, which fortunately was not anything that
There Can Be a Fine Line Between Medical Malpractice and Disability Discrimination
By William Goren on
Before getting started on the blog entry of the day, I am currently reading Over Ruled by Justice Gorsuch and Janie Nitze. My passion for constitutional law and legal theory started in college when I took those two separate classes from Professor Rumble while majoring in political science at Vassar College. Now, I enjoy reading…
It Was Inevitable: A Court of Appeals Holds Emotional Distress Damages Not Available Under Title II of the ADA
By William Goren on
When Cummings v. Premier Rehab Keller was decided, discussed here, it was inevitable that eventually courts would start addressing the issue of whether Title II of the ADA allows for emotional distress damages. During Cummings oral argument, a couple of the Justices anticipated that, and court decisions are beginning to come on this issue. The…
§1557 Final Rule as it Applies to Persons with Disabilities
By William Goren on
Back in 2015, I blogged on the ACA proposed final regulations as it affected non-discrimination against persons with disabilities, here (this blog entry is still worthwhile reading). It turns out that the rule was finalized in 2016. Somehow, I didn’t blog on that. Now, HHS has issued a revised final rule for §1557. I…
HHS Final §504 Regulations
By William Goren on
As I anticipated, it was not possible for me to get a blog entry up last week with all the traveling I was doing. However, I am back now. Recently, HHS came out with their final 504 regulations, which we previously blogged on the proposed regulations here. There were a few changes that are…
Hostile Environment Claims are Viable Under Both the Rehabilitation Act as well as the ADA
By William Goren on
Before getting started on the blog entry of the day, I will be out of town not this week, but the week after this week. So, I am not sure if I will get a blog entry up for the next week. I would have to do it next Sunday, but I will also be…
But For Causation and Motivating Factor are Two Different Things
By William Goren on
Posted in 504, ADA, Federal Cases, Rehabilitation Act, Title I, Title II, Title V, Title VI of Civil Rights Act, Title VII
I have been absolutely slammed this week, which is why I am so late in getting a blog entry up for the week. Before getting started on the blog entry for the day, I do want to mention that the Department of Justice has now issued a final rule on website accessibility involving Title II…
Murray v. UBS Securities and its Possible Impact Upon ADA Jurisprudence
By William Goren on
The blog entry for the week is actually not an ADA case at all but it may have a substantial impact on the ADA universe. The case of the day is Murray v. UBS securities, LLC, a unanimous decision written by Justice Sotomayor, from the Supreme Court decided on February 8, 2024, here. It…
Retaliation and Sovereign Immunity
By William Goren on
Normally, as you all know, I don’t blog on more than one case in a week. However, I will be out of town the first part of next week, and I generally prefer to get blog entries up at the beginning of the week. I am also headed out of town the following week as…
Nested Positions
By William Goren on
Posted in 504, ADA, Federal Cases, Final Federal Regulations, Guidances, Rehabilitation Act, Title I
Today’s blog entry considers the question what happens when you have an individual with a disability seeking to perform a job that the person can do but in order to do that particular job they also have to be simultaneously eligible to do a different job which they may or may not be able to…