Before getting started on the blog entry for the week, I do want to note that the Supreme Court just granted certiorari in a case, Loper Bright Enterprises v. Raimondo, asking the question of whether Chevron deference should be overruled. I read the appellate decision yesterday, the Supreme Court does not necessarily have to visit
Just What are Essential Eligibility Requirements Anyway and Associational Discrimination is a Thing Under Title II
By William Goren on
What Do You Have to Show to Get Compensatory Damages Under the Rehabilitation Act Redux
By William Goren on
In going through my cases in my blog pipeline, I decided to blog on the case of Basta v. Novant Health Inc. It was decided on December 27, 2022, and it is a published decision from the Fourth Circuit. It is a case concerning the effective communication obligations of hospitals to their patients and to…
If the ADA Undue Hardship Paradigm Comes to Religious Accommodations Requests, Plaintiff Could Still Lose
By William Goren on
I hope everyone had a happy holiday weekend. In many places around the world, today is also a holiday as it is Easter Monday.
On April 7, 2023, the Seventh Circuit came down with a decision discussing the de minimis rule when it comes to accommodating an employee’s religious needs. I got to thinking…
When it Comes to Service Animals and ESA’s, Did the Texas Court of Appeals Just Throw a Monkey Wrench into the HUD Circular and Title I of the ADA?
By William Goren on
Before getting started on the blog entry of the day, I do want to wish everyone celebrating, a happy Passover and a happy Easter. Also, major league baseball has started, so good luck to any of your teams.
Turning to the blog entry of the day, one wonders why anyone in the state of…
When Does Statute of Limitations Begin to Run in Failure to Accommodate Cases and What is the Burden of Proof
By William Goren on
Before getting started on the blog entry for the week, breaking news today. The Supreme Court agreed to hear a case involving tester standing involving serial plaintiff Deborah Laufer. We discussed the case here in a blog entry that correctly predicted that the Supreme Court would hear the case. Now if only my predictive abilities…
If it Looks Like a Duck, Quacks Like a Duck, it is Not a Duck
By William Goren on
Sometimes I just don’t know until the last minute as to what case I will blog on for the week. I originally thought I would blog on a religious accommodation case. Then, this morning I saw a Fifth Circuit decision involving mandatory reassignment. Right when I was finishing up reading that decision, I saw an…
Would EEOC’s Hearing Disabilities in the Workplace Guidance Survive Kisor?
By William Goren on
I recently blogged on the EEOC guidance on the hearing disabilities in the workplace, here. I noted several problems with it. Not the least of which was how it confused Deaf, deaf, and Hard of Hearing. There were some other issues as well. That isn’t to say that the guidance did not contain its…
California Assembly Bill 950: One Idea for Dealing with Internet Accessibility Litigation
By William Goren on
Before getting started on the blog entry of the week, I want to acknowledge a great loss for the disability rights community. Judy Heumann died two days ago. She was a pioneer in the disability rights movement. She also led the charge for the final Rehabilitation Act regulations, which took four years to finalize from…
Title I Tutorial: King v. Stuart Trumbull Memorial Hospital Inc.
By William Goren on
I have quite a stack of cases in my pipeline to blog on. When I went digging through them, I came across a decision from April 7 of 2022 (that isn’t a misprint). The case is King v. Stuart Trumbull Memorial Hospital, Inc., a published decision from the Sixth Circuit, here, and it has…