The ADA just had its 36th year anniversary. Happy anniversary!! In June, I got to visit the George H.W. Bush presidential library where his signing of the ADA is featured prominently. It was pretty neat to see that. Interestingly enough, many years ago when I visited the George W. Bush presidential library in Dallas, Texas,
Title III
A Two For: Thoughts on Trump v. Slaughter and How the Latest NCAA D1 Eligibility Rule Discriminates Against Persons with Disabilities
By William Goren on
Hope everyone had a great Fourth of July weekend. I wrote this blog entry while taking a break between watching World Cup games and Wimbledon over the weekend. It’s been a tremendous World Cup and Wimbledon. Also, this month is disability pride month. I recognize being disabled proud isn’t always easy and often depends on…
Thoughts on How Housing Providers Might Move Forward After HUD’s Internal Memorandum
By William Goren on
Before getting started on the blog entry for the week, a couple of housekeeping matters in order. First, you can now, if you so desire, listen to my blog instead of reading it even if you are not using a screen reader. I know many people would rather have what they see read to them…
Leave for Training a Service Animal is a Reasonable Accommodation and the Latest from HUD on Emotional Support Animals in Housing
By William Goren on
I did mention in my last blog entry that I might not be posting this week. Turns out, I had some time over the Memorial Day weekend to do a post, so here goes. I do hope everyone had a great Memorial Day weekend.
The blog entry for the week is a two for one…
Enacted Georgia Legislation with Implications Everywhere
By William Goren on
Posted in 504, ADA, Fair Housing Act, Final Federal Regulations, Legislation, State Statutes, Title II, Title III
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…
Showing that Removal of Architectural Barriers is not Readily Achievable Doesn’t End the Analysis
By William Goren on
This week’s blog entry focuses on what happens if assuming for the sake of argument, renovations are not readily achievable at a place of public accommodation, whether that ends the analysis. The answer is no. The case also discusses just how the burden of proof works with respect to claiming that an accommodation is readily…
Under What Circumstances May a State Chill Federally Protected Statutory Rights
By William Goren on
I had a moment while my daughter, who is in for spring break, is out doing something with my wife. Writing blog entries is the most favorite part of my practice. So, I figure I would write a blog entry. This blog is pretty short. I will say that there will not be a blog…
Client Use of AI as an Organizing/Focusing Tool Blows Up Attorney-Client and Work Product Privileges
By William Goren on
Before getting started on the blog entry of the week, an update/supplemental information on a couple of prior cases that we have discussed previously. First, EEOC v. William Beaumont Hospital, which we discussed here, resulted in a consent decree. The hospital has to pay the plaintiff $30,000 in noneconomic and compensatory damages. Also, within…
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…
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…