In a prior blog entry, I discussed a situation where the police intentionally aggravated a person with a disability pre-existing condition eventually leading to that person’s death. The court in that case held that the police force could be liable for violating title II of the ADA. This particular blog entry will once again
Title III
ADA compliance auditing: higher education version
By William Goren on
In a previous blog entry, I talked about a case that illustrated what not to do if you are a place of higher education seeking to dismiss a student with a disability from your program. This particular blog entry will briefly talk about another case involving a medical school and then explore the concept of…
A huge victory for ADA plaintiff employment lawyers AND a huge victory for ADA defense lawyers:
By William Goren on
Today, the United States Supreme Court issued its decision in University of Texas Southwestern Medical Center v. Nassar. In that decision, the United States Supreme Court in a 5-4 ruling with Justice Kennedy being the swing vote, held that mixed motive is dead with respect to retaliation claims under title VII of the Civil…
Why all colleges, universities, and graduate programs need to do the two-step (with apologies to the state of Texas): essential eligibility requirements and direct threat
By William Goren on
Just recently, the Department of Justice, the Department of Health and Human Services, and the Department of Education joined forces to issue a letter (the link will take you to the press release. In that press release, there is another link to the letter itself), to schools of medicine, schools of dentistry, schools of nursing,…
Service dogs and the Department of Justice regulations: can they be challenge successfully?
By William Goren on
In a comment to the service dog v. therapy dog blog entry, I promised that I would follow-up with an exploration of whether the Department of Justice regulations with respect to service dogs and how they differ from therapy dogs and the corresponding difference in treatment with respect to the ADA, would survive a challenge…
Negligence/negligence per se and title III of the ADA: Opportunity for personal injury attorneys to expand their practice
By William Goren on
Posted in State Cases, Title III
A mobility impaired person uses a motel. It turns out that motel does not meet the ADA guidelines for architectural accessibility. As a result, a person suffers personal injuries as a result of that inaccessible feature. Or, a person goes to a theater and despite asking for help from theater personnel does not receive any.…
Issues to be aware of under title III of the ADA
By William Goren on
Posted in Federal Cases, Title III
Julie Mills, a Columbus, Ohio attorney whose blog appears in my blogroll, brought to my attention in a linked in group that we are both members of (ADA for Attorneys, Architects, and Access Professionals), a case which discusses several key issues under title III of the Americans with Disabilities Act. That case is Parr v.
Class-action and persons with disabilities R.I.P.?
By William Goren on
Here’s a fact. No two disabilities even the same ones are the same. Accordingly, it makes perfect sense that the ADA requires an individual analysis throughout. Further, under both title I and title II of the Americans With Disabilities Act, in addition to having a disability, the person must be qualified. That is, capable of…
Service Dogs v. Emotional Support Animals
By William Goren on
One of the confusing issues out there is the difference between a service dog, emotional support animal, and a therapy dog and why it matters. 28 C.F.R. § 35.104 and 28 C.F.R. § 36.104 (the sections of the federal regulation that apply to service animals for public entities and for places of public accommodations respectively),…
ADA and the Applicable Statute of Limitations
By William Goren on
The whole idea of the statute of limitations is to prevent stale claims. Just about everything has a statute of limitations (the only two exceptions that I can think of our claims arising under USERRA and capital murder claims). The ADA does have statute of limitations to deal with, though it is not stated in…