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 The case of the day is Decker v. Commonwealth of Pennsylvania Department of Corrections, here, a non-precedential decision decided by the
Title III
Does an Employer Have the Ability to Not Engage in the Interactive Process if the Reasonable Accommodation Request is Facially Unreasonable and Other Stuff
By William Goren on
It’s time to get back to the grind after the holiday season. I hope everyone had a great holiday season.
Today’s blog entry deals with the implications of what happens when a reasonable accommodation request of a plaintiff is facially unreasonable. What does that mean for a plaintiff’s reasonable accommodation claim? What might that…
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…
A One Page Per Curiam From Supreme Court that can be Huge and the ADA 30 Days to Comply Act
By William Goren on
I did not anticipate doing another blog entry until the week of Christmas. However, my daughter’s flight into Atlanta is delayed, and so I have some time. I actually relax by writing (weird I know), and this blog entry is extremely short. So why not? My next blog entry will be the greatest hits of…
In Architectural Barrier Litigation, Plaintiff’s Motivation Doesn’t Matter if Plaintiff Has Transacted Business
By William Goren on
I am very regular about posting blog entries for the week. I have rarely missed doing that over the 14 years I have been doing this. I do have a good explanation for missing last week. My father died a week ago today, and I was away for funeral events. By any objective measure he…
Let’s Count the Ways Alcoholism is a Disability
By William Goren on
There is a lot of confusion out there about whether alcoholism is a disability. Illegal use of drugs gets exempted from the ADA but alcoholism is a different story. True, you can evaluate a person engaged in excessive use of alcohol in terms of performance as if the alcohol use doesn’t exist, but that is…
Kluge Latest Decision and it’s Potentially Huge Impact on ADA Failure to Accommodate Cases
By William Goren on
Regarded As Discussed with Clarity Rarely Seen Before and Adverse Action After Muldrow
By William Goren on
The ADA turned 35 this weekend. HAPPY ANNIVERSARY!!!!!!!!!!!!!!!!!!!!!!!
This week’s blog entry is a two-for-one. In the first case, we discuss a case, Meza v. Union Pacific Railroad Company, here, decided by the Eighth Circuit on July 25, 2025. In this case, the Eighth Circuit discusses the regarded as prong of the ADA…
Landlords Can Charge a Fee for ESA’s/Pets and the Impact of Loper Bright
By William Goren on
Posted in ADA, Administrative law, Constitutional law, Fair Housing Act, Federal Cases, Guidances, Title III
This week’s blog entry come to me courtesy of Clinical Law Prof. Emeritus Leonard Sandler of the University of Iowa Law School. It asks the question of whether a landlord can charge a pet deposit for an ESA (emotional support animal). Loper Bright also comes up as well. The case of the day is Henderson…
ABA Formal Opinion 517 and How it Pertains to Persons with Disabilities
By William Goren on
This week’s blog entry discusses ABA Formal Opinion 517. That opinion talks about discrimination in the jury selection process under ABA model rule 8.4(g) which prohibits attorneys from discriminating on the basis of various protected characteristics. As readers of my blog know, this has been a long-standing interest of mine. For example, we discussed peremptory…