Today’s blog entry is a real short one. I actually have quite a pile of cases to blog on, but I ultimately decided to keep it short. In particular, I wanted to focus on a couple of different concepts that come up frequently. The first point arises in the case of Gray v. State Farm
Regarded As Discussed with Clarity Rarely Seen Before and Adverse Action After Muldrow
By William Goren on
The ADA turned 35 this weekend. HAPPY ANNIVERSARY!!!!!!!!!!!!!!!!!!!!!!!
This week’s blog entry is a two-for-one. In the first case, we discuss a case, Meza v. Union Pacific Railroad Company, here, decided by the Eighth Circuit on July 25, 2025. In this case, the Eighth Circuit discusses the regarded as prong of the ADA…
Landlords Can Charge a Fee for ESA’s/Pets and the Impact of Loper Bright
By William Goren on
Posted in ADA, Administrative law, Constitutional law, Fair Housing Act, Federal Cases, Guidances, Title III
This week’s blog entry come to me courtesy of Clinical Law Prof. Emeritus Leonard Sandler of the University of Iowa Law School. It asks the question of whether a landlord can charge a pet deposit for an ESA (emotional support animal). Loper Bright also comes up as well. The case of the day is Henderson…
ABA Formal Opinion 517 and How it Pertains to Persons with Disabilities
By William Goren on
This week’s blog entry discusses ABA Formal Opinion 517. That opinion talks about discrimination in the jury selection process under ABA model rule 8.4(g) which prohibits attorneys from discriminating on the basis of various protected characteristics. As readers of my blog know, this has been a long-standing interest of mine. For example, we discussed peremptory…
What Notice is Required to Activate the Mandatory Reassignment Process Assuming a Mandatory Reassignment Process Exists in the First Place
By William Goren on
I hope everybody had a great Fourth of July weekend.
Today’s blog entry deals with a couple of different questions. First, in a situation where a person can no longer do the essential functions of the job with or without reasonable accommodations, is reassignment mandatory or is it subject to open competition? Second, what…
Plaintiff Loses But Persons with Disabilities Going Forward Don’t
By William Goren on
Before getting started on the blog entry of the week, I want to wish everyone a happy Fourth of July holiday. Be safe and have fun.
Today’s blog entry is a published decision from the Fourth Circuit, Tarquinio v. Johns Hopkins University Applied Physics Lab decided on June 25, 2025, which can be found…
Stanley Decided
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, Rehabilitation Act, Title I, Title II, Title III
On June 20, 2025, the Supreme Court decided Stanley, which we discussed here. There is no need to go into the facts as we have already covered that previously. Accordingly, the blog entry is divided into the categories of: Justice Gorsuch’s majority opinion; Justice Gorsuch’s plurality opinion discussing how Title I might apply; Justice…
The Equal Protection Classification of Transgender Individuals and its Implications for the ADA Going Forward
By William Goren on
As everyone knows, I normally don’t blog more than once a week but there are exceptions. I had a bit of time this morning and this is a very short blog entry, so I decided to do a blog entry more than once this week. I am not at all sure about my schedule for…
The Case for Why McDonnell Douglas as a Summary Judgment Tool Makes No Sense
By William Goren on
This week’s blog entry discusses Justice Thomas with Justice Gorsuch joining concurring opinion in Ames v. Ohio Department of Youth Services, here. By now, you most likely know that the opinion for the Court written by Justice Jackson, holds that a higher standard of proof is not in order if you are from a…
Osseo Area Schools Decided
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, IDEA, Rehabilitation Act, Title I, Title II, Title VI of Civil Rights Act
Within the last week, the Supreme Court has come down with two decisions of relevance to our blog (Osseo Area Schools and Ames). Each is worth a separate blog. This week’s blog entry is going to be the Osseo Area Schools, which I previously blogged on its oral argument here. As usual, the blog…