Today’s case, Deutsch v. Abijaoude, from the Western District of Texas (Austin) is a tour de force for discussing the possible standards for standing under title III of the ADA. As is usual, the blog entry is divided into categories: Facts; just what is necessary to show standing?; attorney’s fees and costs; and takeaways.
Honest Belief Rule
By William Goren on
Today’s case, to DeWitt v. Southwestern Bell Telephone Company deals with the honest belief rule. This rule allows an employer to justify a termination if it honestly believes its reason for doing so was valid regardless of whether it actually was. As is usual, the blog entry is divided into categories: facts; court’s reasoning; and…
Fry Decided
By William Goren on
Last week the United States Supreme Court came down with the decision in Fry v. Napoleon Community Schools, the oral argument of which I discussed here. A whole bunch of people have blogged on the case, but I thought I would share my thoughts here. The blog entry is divided into three categories: …
Admissibility of settlement offers and their impact on the interactive process
By William Goren on
Obviously, I missed a blog entry last week. I have an explanation. My daughter was on break, my wife took a couple of days off towards the end of the week, and client matters intervened. Also, last week, I added an article to my in the media section, where I can be found discussing in…
Gorsuch and Rights of Persons with Disabilities
By William Goren on
For those in New England, congratulations on a phenomenal come back. Greatest comeback in Super Bowl history. As you can imagine, people in Atlanta are a bit besides themselves. I am relatively new to the Atlanta area, going on five years now, and so perhaps it didn’t hit me quite so hard. Also, growing up…
Survival of ADA Claims Redux
By William Goren on
Two years ago, I discussed in this blog entry the issue of whether ADA claims survive. In that case, the court looked to local law to decide whether the ADA claim survived. Today’s case, Guenther v. Griffin C Inc., goes one further by holding that it isn’t local law that decides whether claims for…
Do Security Clearances Trump the ADA/Rehabilitation Act?
By William Goren on
Today’s case is from the very end of December of last year and involves a question that I have not seen before. That is, if there is a national-security exemption for having to comply with the ADA and the Rehabilitation Act? The case is Hale v. Johnson decided by the Sixth Circuit on December 29,…
Endrew Oral Argument and Regulatory Developments
By William Goren on
I just reviewed the transcript of the oral argument before the U.S. Supreme Court in Endrew v. Douglas County School District, which involves figuring out just how far a school district needs to go in order to provide a free appropriate public education (FAPE), under IDEA. Here is what we know from that oral…
2017 Legislation of Interest in Congress
By William Goren on
Happy new year everyone!
Since it is the first blog of 2017, I thought I would start with another first. That is, to the best of my knowledge, we have never discussed pending legislation in the U.S. Congress before. There are a couple of interesting bills that are worth discussing and so here goes.…
Understanding The ADA 2016 Top 10 Blog Entries +2
By William Goren on
Posted in ADA, Constitutional law, Federal Cases, Final Federal Regulations, Guidances, Title I, Title II, Title III, Title V
It is time for the top 10 of 2016. For the most part, the greatest hits stayed the same during the course of the whole year. I believe I updated the greatest hits at the end of the first quarter of this year and then did not do so after that. There were only two…