Before getting started on the blog entry of the day, I wanted to point out that the White House issued a memorandum detailing how agencies should go about Internet accessibility. The document, which can be found here, is basically a best practices guide for executive agencies with respect to their Internet sites. Of particular
Title I
Ninth Circuit Says Disability Related Conduct Necessitates Separate Grounds for Termination
By William Goren on
Yesterday was 9/11 and certainly thinking of everyone. Also, I appreciate everyone bearing with me on my two week hiatus while my wife and I were abroad. We came back Friday and back to the grind now.
Today’s case is an unpublished decision. Lee v. L3Harris Technologies, Inc., from the Ninth Circuit decided August…
Eligibility Criteria, Direct Threat, and the Necessity Exception
By William Goren on
It has been a while since I blogged on the ADA with respect to amusement parks. On July 7, 2023, the 11th Circuit in a published decision came down with a case discussing the ADA with respect to amusement parks. Among the topics discussed are the screen out provisions and direct threat. The case…
Does Morbid Obesity Require an Underlying Physiological Condition: The Texas Supreme Court Speaks
By William Goren on
I hope everyone had a Fourth of July weekend that was fantastic and safe.
Our blog entry for the week is a case that we have blogged on before. It asks the question of whether a claim of morbid obesity requires an underlying physical impairment or mental impairment or is just the claim of…
Privileges and Benefits Part II and Other Matters
By William Goren on
Today’s blog entry is a case that many bloggers are blogging about. As y’all know, I am not afraid to blog on cases that others have blogged on if I feel I can offer my own perspective. This case certainly fits the bill. The case is the 11th Circuit published decision, here, Beasley…
Privileges and Benefits Part I: Hopman at 8th Circuit
By William Goren on
Hope everybody had a great Memorial Day weekend. This week’s blog entry begins a two-part series talking about how the ADA prohibits discrimination on the basis of disability when it comes to offered privileges and benefits. In this week’s blog entry, we will talk about the recent Eighth Circuit decision, here, in Hopman v.…
EEOC Final Update on Covid-19?
It has been a while since I blogged on the EEOC running Covid-19 guidance. The EEOC just came out with some more updates (it very well could be the last one for a while considering Covid-19 is now endemic), so I thought I would return to it. The blog entry is only going to focus…
Hostile Environment Claims Based Upon Disability
By William Goren on
Before getting started on the blog entry for the week, I do want to note that the Supreme Court just granted certiorari in a case, Loper Bright Enterprises v. Raimondo, asking the question of whether Chevron deference should be overruled. I read the appellate decision yesterday, the Supreme Court does not necessarily have to visit…
When it Comes to Service Animals and ESA’s, Did the Texas Court of Appeals Just Throw a Monkey Wrench into the HUD Circular and Title I of the ADA?
By William Goren on
Before getting started on the blog entry of the day, I do want to wish everyone celebrating, a happy Passover and a happy Easter. Also, major league baseball has started, so good luck to any of your teams.
Turning to the blog entry of the day, one wonders why anyone in the state of…
When Does Statute of Limitations Begin to Run in Failure to Accommodate Cases and What is the Burden of Proof
By William Goren on
Before getting started on the blog entry for the week, breaking news today. The Supreme Court agreed to hear a case involving tester standing involving serial plaintiff Deborah Laufer. We discussed the case here in a blog entry that correctly predicted that the Supreme Court would hear the case. Now if only my predictive abilities…