My most popular blog entry this quarter by far is whether you can get compensatory and punitive damages for retaliation claims, which can be found here. This week’s blog entry explores a different topic but related, which is whether a corporation can bring a retaliation claim and not just an individual. Our case today
Title II
Proposed Rules of HHS Implementing the Affordable Care Act Dealing with Nondiscrimination in Health Programs and Activities
Before getting started on this week’s blog entry, I do want to wish everyone that might be celebrating the Jewish New Year next week a happy new year. Also, because I am one of the people celebrating the Jewish new year and will have family responsibilities all week, I am not anticipating putting up a…
Changing Role of Expert in ADA Matters?
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Intro
Prior to the amendments to the ADA, a person with a disability had to prove that they had a physical or mental impairment that substantially limited a major life activity. A person with a disability still has to prove that. However, before the amendments a person under Toyota Motor Manufacturing, Kentucky v. Williams …
Frequently Asked Questions about Service Animals and the ADA (Guidance from the DOJ)
Recently, the Department of Justice issued a guidance entitled, “frequently asked questions about service animals and the ADA,” which can be found here. I thought I would go over and highlight some of the questions discussed in the guidance, especially since service animals v. therapy dogs blog entry of mine consistently ranks as one…
If This Decision Holds, Game Changer: Applicable Statute of Limitation for ADA Claims Redux
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Introduction
One of the publications that I subscribe to is Disability Compliance for Higher Education . It is an excellent publication for anyone involved with ADA compliance in higher education. Its audience is mainly University 504 and ADA coordinators, University administrators, and professors. One of the cases it featured in its most recent publication…
Web Accessibility and Universities
In a previous blog entry, which I keep on my greatest hits section of my blog, I discuss what you need to do with respect to auditing your educational institution for ADA compliance. In #14 of that blog entry, I mentioned that whatever services are being offered on the Internet, the institution needs to…
Does title II/§ 504 Apply to Employment? and Undue Burden May Still Be Possible Even Where Big Bucks Are Involved
Just over a month ago, I blogged on the issue of whether title II of the ADA applies to employment . I followed up in a comment to that blog entry discussing whether § 504 applies to employment. On June 15, 2015, the Fourth Circuit in a published decision weighed in.
Direct Threat “Affirmative Defense”: Just What Is the Trier of Fact Supposed to Determine?
This week’s topic came to my attention from Don Davis of the Noble law firm. The question is just what is the trier of fact supposed to determine when it comes to the “affirmative defense,” of direct threat? As is my usual, the blog entry is divided into several categories: history of direct threat; facts;…
Suing a state court system: Shooting down the Defenses
This posting is later than my usual Monday. However, Monday was Memorial Day and then I had family in.
In a previous blog entry of mine, I discussed how suing a state court system can be done but that it is very complicated. This case discusses the myriad of defenses that arise in such…
City and County of San Francisco, California v. Sheehan Decided
Previously, I have blogged on the Sheehan case and its oral argument before the United States Supreme Court. Yesterday, the United States Supreme Court came down with the decision in this case, which can be found here:
As expected, they decided with respect to the ADA matter, that the writ of certiorari had been…