This week’s blog entry focuses on what happens if assuming for the sake of argument, renovations are not readily achievable at a place of public accommodation, whether that ends the analysis. The answer is no. The case also discusses just how the burden of proof works with respect to claiming that an accommodation is readily
Work Product Privilege and AI an Issue Just Not Going Away
This week is disability awareness week. I suppose every week is disability awareness week for me😊. In keeping with the spirit of the week, we have another blog entry.
Previously, we have blogged on whether the work product privilege is jeopardized by the use of AI. In that blog entry, here, we talked…
Looking for Clues: Is a Failure to Accommodate an Adverse Action Post Muldrow?
I hope everyone is enjoying the start of baseball season. The NCAA’s women tournament is about to get very interesting now that they are in a situation where the likelihood, though you never know for sure, is that the top seeds from each region will be in the final four. On the men’s side the…
Lost Opportunity as a Substitute for Emotional Distress Damages in Title II Cases
Before getting started on the blog entry for the week, if anybody is interested in the journey I took to get to my law and consulting practices, I discussed that journey in this article.
This week’s blog entry is an update on a case that we previously blogged on here, Payan v,…
Under What Circumstances May a State Chill Federally Protected Statutory Rights
I had a moment while my daughter, who is in for spring break, is out doing something with my wife. Writing blog entries is the most favorite part of my practice. So, I figure I would write a blog entry. This blog is pretty short. I will say that there will not be a blog…
Client Use of AI as an Organizing/Focusing Tool Blows Up Attorney-Client and Work Product Privileges
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…
Attorneys Representing Federal Employees With Disabilities Need to Prepare for a Lot More Business
Before getting started on the blog entry of the week, an update on the Beaumont Hospital case that we have blogged on twice before. See this blog entry. The update is a consent decree was signed requiring training and a $30,000 payment to the plaintiff. It also has a length of 18 months. I…
Motion to Dismiss Denial of a Service Animal Goes Down in Flames
The Society of Human Resources Management is not the only employer facing litigation for denying a service animal. On January 13, 2026, the Flaming Gorge Resort saw its motion to dismiss with respect to its denial of a service animal for an employee go down in flames (pun intended). The case is O’Connor v. Colett’s…
SHRM Service Dog Litigation: Answer and Possible Defenses
This week’s blog entry considers the Society for Human Resource Management answer to the complaint of Fiona Torres in her case saying SHRM violated the ADA by not allowing her to have her service dog when it rescinded a conditional job offer. In the interest of full disclosure, many years ago I did speak to…
Eviction Notices Must be Accessible to Persons with Disabilities and other Stuff
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…