As readers know, I rarely blog more than once a week, but it does happen from time to time. This week is a really good week for me to blog twice because the Georgia legislature just completed the session with two bills signed by the Governor of Georgia on topics that we have covered quite
DOJ Service Animal Rules Might Just Stop at the State Hospital or Prison’s Gate
By William Goren on
I hope everyone had a great holiday weekend. A housekeeping matter. My daughter comes home at the beginning of next week for two weeks before heading off to her internship. So, my schedule will be all over the place and my time for blogging uncertain. I definitely will pick up the blogging again at the…
Lost Opportunity as a Substitute for Emotional Distress Damages in Title II Cases
By William Goren on
Before getting started on the blog entry for the week, if anybody is interested in the journey I took to get to my law and consulting practices, I discussed that journey in this article.
This week’s blog entry is an update on a case that we previously blogged on here, Payan v,…
What’s a Program and ADA Rehabilitation Act Causation Are Not the Same
By William Goren on
This week’s blog entry deals with what is a program under Title II of the ADA, and it also discusses the distinction in causation between the ADA and §504 of the Rehabilitation Act. The case of the day is Decker v. Commonwealth of Pennsylvania Department of Corrections, here, a non-precedential decision decided by the…
2025 Understanding the ADA Greatest Hits
By William Goren on
Posted in 1983, 501, 504, ADA, Administrative law, Constitutional law, Fair Housing Act, Title I, Title II, Title III, Title V
As promised below is the greatest hits for the Understanding the ADA blog for 2025. Some of the entries that appear in the greatest hits section were not the greatest hits of 2025, but are so important that I keep them in there any way. Here goes the list for 2025 in reverse order of…
Are Retaliation and Interference Claims Viable under the Rehabilitation Act in Employment Matters? The Sixth Circuit Says No
By William Goren on
Posted in 501, 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title I, Title IX
Before getting started on the blog entry of the week, a housekeeping matter, I am thinking that there may be one additional substantive blog for the rest of the year before I do the 2025 greatest hits. My thinking is that one more substantive blog entry after this will appear the week of December 8.…
ADA and 504 as an Alternative to §1983 in Excessive Force Cases
By William Goren on
When the Federal Bar Association national convention was held in Kansas City Missouri, I was part of a panel that explored outside the box uses of the ADA. One of the panelist, Jamie Strawbridge, talked about how the ADA/504 can be an alterative to excessive force §1983 cases. The case of the week explores exactly…
Eighth Amendment, Title II, and Nondelegable Duty
By William Goren on
Posted in 1983, 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title I
Today’s blog entry is a published decision from the Third Circuit, Montanez v. Price, here decided on October 8, 2025 (which was my birthday). It discusses a series of issues, including: the Eighth Amendment; what is a program, service, and/or activity; and nondelegable duty. More specifically, the blog entry is divided into the following categories…
How Not to do the Interactive Process
By William Goren on
I am back in the office after taking an Alaskan cruise with a side trip to Denali National Park. Both are absolute bucket lists. If you have not done both, I highly recommend it. The scenery in Alaska is something that cannot be easily explained. If you have only done the cruise, definitely worth going…
Unions Can’t Hide Behind the Duty of Fair Representation When it Comes to ADA and Title VII Compliance
By William Goren on
Before getting started on the blog entry of the week, a housekeeping matter in order. I will be out of the office August 30-September 12, so this will be my last blog entry until the week of September 15.
This week’s blog entry raises the question of whether unions can hide behind the duty…