Previously, I mentioned that the upcoming Supreme Court term will have two cases before it pertaining to the rights of people with disabilities. One of those cases asks the question of whether disparate impact claims exist under §504 of the Rehabilitation Act. On August 24, 2021, the Ninth Circuit over a dissent said that such
Title II
A Pair of Related Doctrines and a Big Win for Persons with Disabilities
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, Rehabilitation Act, State Cases, Title I, Title II, Title III, Title V
Today’s blog entry is a discussion of two related cases. The comes from the first case comes out of the 11th Circuit. It is Behr v. Campbell, here, and it discusses the Rooker-Feldman doctrine. That decision is a published decision decided on August 12, 2021. The second decision is Lund v. Cowan,…
Can ADA and Rehabilitation Act be used to Overrule Anti-Masks Mandates/Laws?
By William Goren on
Posted in ADA, Federal Cases, Final Federal Regulations, Rehabilitation Act, State Statutes, Title I, Title II
On one of the local National Public Radio stations here in Atlanta metropolitan area, there is a show called Political Rewind. On that show, distinguished panelists (political consultants, former officeholders, political science professors, etc.), talk about what is going on in Georgia politics and nationally as well. Today, they were talking about Republicans in Georgia…
Physical Characteristics but not Physical Impairments Require a Look Behind the Hood
Back in July of 2020, I blogged on the case of Colton v. Fehrer Automotive, North America, LLC., here. That case explored the question of whether a 4’6” tall person has a disability under the ADA. The District Court threw the case out because the plaintiff did not allege any underlying reason for her…
DOJ HHS Guidance on Whether Long Haul Covid-19 is a Disability
July 26 was the 31st anniversary of the ADA. As17 year old daughter would say, “Yeah!!!!!
Today’s blog entry deals with whether long-haul Covid-19 can be a disability under the ADA, §504 of the Rehabilitation Act, and §1557 of the Affordable Care Act. I have been saying for some time that long-haul Covid-19…
Temporary Disability, EEOC Charges, and an ADA/Rehabilitation Act Case Comes to the Supreme Court
By William Goren on
Posted in ADA, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title I, Title II, Title III
Happy Fourth of July week everyone. Hope everyone had a great Fourth of July. I am sure many are taking the week off or having an extended holiday. Have fun and be safe.
Today’s blog entry is a three in one. In particular, we will talk about how do you figure out when a…
Have ADA Serial Plaintiffs and Testers Hit a Dead End?
By William Goren on
Today’s blog entry discusses the real issue of whether ADA serial plaintiffs, architectural or Internet, and ADA testers will continue to have standing with respect to claims filed in federal court. The case of the day actually has nothing to do with disability discrimination, but in a sense it has everything to do with disability…
CDC Guidance for Institutions of Higher Education
By William Goren on
Today’s blog entry discusses the CDC Guidance For Institutions Of Higher Education Updated June 4, 2021. In short, if you are an institution of higher education you have to strongly consider mandating proof of vaccination for students, faculty, staff, and visitors unless you are in a State that has an executive order or law that…
Naomi Osaka and Title III of the Ada
By William Goren on
As everyone knows, Naomi Osaka made news last week in a big way. One of the things that I saw is that labor and employment bloggers were using it as an analogy for how they would deal with something like this under title I of the ADA, such as here184192212213215215. Sports commentators, such as…
The new CDC Covid-19 Guidance: Will We Now See Proof of Vaccination Requirements?
I have a ton of cases in my pipeline. However, sometimes breaking developments jump the pipeline. This is one of those situations. As everybody knows, the CDC came out with new guidelines regarding mask wearing, which can be found here185198205. Everybody and anybody is talking about them, and the guidelines have big implications for…