I have written over the years several times about the Internet and whether it needs to be accessible to persons with disabilities. That discussion appears in my book. I also wrote an article on whether colleges and universities home pages need to be accessible to people with disabilities. Finally, I wrote an article on
Title III
Are the provisions of the Americans with Disabilities Act and the Rehabilitation Act the same?
By William Goren on
Case law dealing with the Rehabilitation Act and the Americans with Disabilities Act will often say say that the Americans with Disabilities Act and the Rehabilitation Act are governed by the same standards. Eg. Greer v. Richardson Independent School District, 2012 WL 833367, *12 fn 1 (fifth Cir. March 14, 2012). That said, are…
Is a Mixed Motive Jury Instruction Dead under the Americans with Disabilities Act? Rehabilitation Act?
By William Goren on
At the top of the legal resources section on this page, you will see a link to an article that I wrote regarding whether a mixed motive jury instruction is available under the Americans with Disabilities Act. A mixed motive jury instruction is an instruction that says that liability can exist if the plaintiff can…
NFL CBA and the ADA
By William Goren on
Persons with disabilities and the National Football League have been in the news of late. In particular, the Chicago Bears acquired a person with a mental disability and then there was the person in the draft that scored very poorly on the Wunderlic test. I thought it would be interesting to go through the collective…
Comply with the ADA, commit a felony, be sued for actual and punitive damages… Really?
By William Goren on
It is crystal clear that under the ADA that a student in the classroom as a reasonable accommodation would have the right to tape record or otherwise record the class. See 28 C.F.R. § 35.104(2),(3). However, you may want to look at your state’s eavesdropping statute to see if there aren’t some unintended consequences of…
Ripped from the headlines: direct threat
By William Goren on
http://articles.philly.com/2012-02-08/news/31038138_1_hiv-positive-safety-of-other-students-admission
The above link involves the AIDS Law Project of Pennsylvania filing a suit in Philadelphia in December arguing that a boarding school discriminated against an HIV-positive teenager who applied to a school that served low-income families. The school is a residential boarding school. The teenager appeared to meet the initial minimum qualification for admission.…
Laws do not exist in a vacuum (FHA v ADA, FMLA v ADA)
By William Goren on
One of the things that’s easy to do is forget that laws do not exist in a vacuum. On the employment side, you see this all the time. For example, under the Americans with Disabilities Act, the critical question is whether a person can perform the essential functions of the job with or without reasonable…