In the first and second editions of my book, understanding the ADA, I cited to the case of Burch v. Coca-Cola Company, 119 F.3d 305 (5th Cir. 1997), for the proposition that temporary disabilities are not protected by the ADA. However, I did say as a preventive manner, it made sense to treat temporary
Title II
DOJ regulations implementing title II and title III of the ADA amendments act: where’s the impact?
By William Goren on
Last week, the Department of Justice proposed rules implementing title II and title III of the ADA in light of the amendments to the ADA. I’m not going to go into depth here, but I thought I’d go over some particularly significant items in the proposed rule. Of course, what follows is not comprehensive and…
The ADA and Bar Examiners: Uphill Climb for Wannabe Attorneys may have just become less so
By William Goren on
In a previous blog entry, I talked about how a person with an MH history desiring to be an attorney faces an uphill climb with respect to the State Bar’s character and fitness gauntlet that has to be run. In particular, I talked about a case from the Supreme Court of South Dakota that…
ADA and Mediation/Arbitration: Things to Think About
By William Goren on
The ADA and alternative dispute resolution are two concepts that mesh very well together. The ADA itself has language in it encouraging dispute resolution. In fact, both the EEOC and the Department of Justice have mediation programs dealing with ADA lawsuits. Also, with the courts having a very favorable view towards arbitrating claims, arbitration has…
The ADA and Bar Examiners: Uphill Climb for Wannabe Attorneys with MH
By William Goren on
Does the Americans with Disabilities Act apply to bar examiners? If it were only that simple. Taking the approach with respect to entries that I’ve developed recently, part one discusses the facts of the case. Part two discusses the court’s reasoning and my responses. Finally, part three give the reader takeaways. The reader is free…
Breed restrictions R.I.P.?
By William Goren on
This is my 100th blog entry! Wow!! Many thanks to all of you!!!
Previously, I have had several entries dealing with service dogs. In the first, we talked about what was a service dog and what was not. In the second, we talked about the regulations of the Department of Justice on service dogs…
Is Alcoholism a Disability: Revisiting Miners v. Cargill Communications and the importance of pleadings
By William Goren on
Ever since the first edition of my book in 2000 and in every edition since, I have discussed the case of Miners v. Cargill Communications, Inc., 113 F.3d 820 (8th Cir. 1997). That case illustrates the perils of what can happen when an employer perceives someone as being an alcoholic. In that case, the…
ADA Audit: Disaster Planning Version
By William Goren on
Consider whether you would want to be involved in the following: a six-day bench trial; 35 witnesses, including city officials, experts, and persons with disabilities; 25,000 pages of documentary exhibits; several hundred pages of briefing and proposed findings of fact; and an additional trial to assess whether the city can justify its lack of accessibility…
Access Now v. Southwest Airlines overruled by regulation? Department of Transportation, Internet accessibility, kiosk accessibility and the Air Carrier Access Act
By William Goren on
The issue of whether the Internet has to be accessible to a person with a disability is an issue that we have discussed before. One of the cases out there is the case of Access Now v. Southwest Airlines, 227 F. Supp. 2d 1312 (S.D. Fla. 2002), where the Southern District of Florida…
Service Dogs Redux: the Texas approach
By William Goren on
Without exception, or maybe a rare one, every day my blog entry on service dogs and the Department of Justice regulations dealing with them with respect to title II and title III entities, gets at least one visit from someone. That blog entry deals with the federal approach to service dogs with respect to title…