Today’s blog entry has the potential to be a real game changer in ADA litigation. Before moving further, I do want everyone to know that I will be out of town next week at a family function. So, I will not be getting a blog up next week. I am not sure if I will
Title II
NCAA Mental Health Best Practices and the ADA
By William Goren on
I
NCAA Mental Health Best Practices and the ADA
Recently, the NCAA came out with best mental health practices for student athletes. Those best mental health practices can be found here. What I am particularly concerned with is Appendix F, which has all kinds of screening questions designed to assess whether a student athlete has…
Can a Reasonable Modification Request Be Per Se Unreasonable?
By William Goren on
Today is March madness. So, I want to wish everyone and their teams good luck in both the men’s and women’s tournament as well is in the men’s and women’s NIT tournament. Also, congratulations to an alum of my high school, Merrick Garland, on being nominated to the United States Supreme Court. While we attended…
Let’s Talk Voting: Absentee Ballots and the ADA
By William Goren on
It is shaping up to be a very interesting election year. In honor of the election theme, today is right after the Republican Nevada caucus with super Tuesday coming up next week, today’s case is a case out of the Fourth Circuit, National Federation of the Blind v. Lamone, which discusses whether the Maryland…
Batson Challenges and Persons With Disabilities: Now You Will See More of Them
By William Goren on
In October 2012, I posted a blog entry discussing Batson challenges and persons with disabilities. Since that time I have attended many a networking event, CLE, or other law related event. At those events, if a person tells me they are a litigator, criminal or civil, I always ask them if they have ever…
The List of 2015 Most Visited Understanding the ADA blog entries
First off, I hope for those who celebrate Hanukkah that it was a festive and happy one. For those who have Christmas and other holidays upcoming, good luck on your shopping and have a great holiday! When you need a break from the holiday mishigas (Yiddish for craziness), the latest employment Law blog carnival is…
Can Prisons Do what They Want with Respect to Discrimination against Persons with Disabilities in Their Prison Jobs?
By William Goren on
In a previous blog entry, I discussed the case of Holmes v. Godinez. In that decision, which involved a class action brought on behalf of deaf inmates, the U.S. District Court for the Eastern District of Illinois said:
While it is true that typical ADA claims regarding employment must be brought under title…
A shot across the bow to judges and court systems
By William Goren on
I know as a blogger, readers come to expect a regular post every week and on a certain day. In my case, everyone knows that I put up a blog on Mondays, sometime Tuesdays, as is the case today. Rarely, it is later in the week. Obviously, I missed last week. I hadn’t intended it…
ADA and Class Actions; Not Impossible (Prisons)
By William Goren on
Posted in ADA, Constitutional law, Federal Cases, Final Federal Regulations, Title I, Title II, Title IV
Previously, I have written on whether class actions are possible with respect to ADA claims considering how ADA claims are inherently focused on individual analysis. From reading the case law on a regular basis, I am seeing class actions being allowed with respect to Olmstead claims. Outside of that, it tends to be hit or…
Academic Deference and Burden of Proof in Reasonable Accommodation Matters
By William Goren on
One of the blogs in my blog roll is Wait a Second, which discusses civil rights cases in the Second Circuit. Recently, Wait a Second blogged on this case, which as far as I can tell, appears to be unpublished. Wait a second did an excellent job of describing the facts of that case…