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
Title II
Eviction Notices Must be Accessible to Persons with Disabilities and other Stuff
By William Goren on
Congratulations to the Indiana Hoosiers on an undefeated season culminating in the national championship. Also, congratulations to the remaining teams in the NFL playoffs. My Bears lost, but that play to send the game to overtime was incredible.
This week’s blog entry is a non-precedential decision from the Third Circuit decided on October 8…
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…
ADA and 504 as an Alternative to §1983 in Excessive Force Cases
By William Goren on
When the Federal Bar Association national convention was held in Kansas City Missouri, I was part of a panel that explored outside the box uses of the ADA. One of the panelist, Jamie Strawbridge, talked about how the ADA/504 can be an alterative to excessive force §1983 cases. The case of the week explores exactly…
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
A Twofer: A Short Discussion of How Far the Honest Belief Rule Extends and What Constitutes a Judicial Act
By William Goren on
Today’s blog entry is a real short one. I actually have quite a pile of cases to blog on, but I ultimately decided to keep it short. In particular, I wanted to focus on a couple of different concepts that come up frequently. The first point arises in the case of Gray v. State Farm…
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…
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…