As everyone knows, I keep a list of my favorite blogs in my blogroll section. One of those blogs on the list is Jonathan Hyman’s Ohio Employer’s Law Blog, An ABA Blawg 100 Hall of Fame Blog. I highly recommend it. Jon has a very unusual perspective on labor and employment law. In a recent
Just What Is a Sales Establishment Anyway per Title III of the ADA?
By William Goren on
In a recent blog entry, I discussed a 10th Circuit opinion that talked about just what is a service establishment. This blog entry talks about a similar issue, which is just what is a sales establishment? The case of the day essentially adopts the dissenting view of Judge Holmes in Levorsen, the case referenced…
DOJ Final Rules Implementing Title II and Title III of the ADA
By William Goren on
Last week, the Department of Justice came down with their final regulations implementing the amendments to the ADA with respect to title II and title III of the Americans with Disabilities Act. I had previously written on these proposed regulations back in February 2014, and so I thought it would be a good idea to…
EEOC Guidance on Employer-Provided Leave and the ADA
By William Goren on
First off, I want to thank everyone who voted for me for the 2016 ABA blog 100. It has been two years in a row for Understanding the ADA, and I am keeping my fingers crossed for a third. Thanks again everyone!
Turning to the topic of the week, about a week or so ago…
ABA Legal Blawg 100, Essential Function, Direct Threat, Interactive Process, and Reassignment
By William Goren on
Before moving on to today’s case, the nominations for the 2016 ABA legal blawgs 100 are now open. The nomination form can be found here. The deadline is August 7, which is this Sunday. It has been a distinct honor and privilege to be a member of this distinguished group for the last two…
Compliance with the ADA When Arresting and Qualified Immunity
By William Goren on
Today’s case discusses the issue of just when is an arrest out of compliance with the ADA. There is also a nice little bonus of qualified immunity as well. The case is Trujillo v. Rio Arriba County ex rel. Rio Arriba County Sheriff’s Department, 2016 U.S. Dist. LEXIS 96797 (D. N.M. June 15, 2016).…
Just What Is a Service Establishment Anyway?
By William Goren on
Just what is a service establishment under title III of the ADA? A published case from the 10th Circuit that came down on July 12, 2016, Levorsen v. Octapharma Plasma, Inc., deals with this question. As is usual, the blog entry is divided into categories: facts, 42 U.S.C. § 12181(7)(F); majority reasoning; reasoning…
Addiction/Perceived Addiction in the Workplace; the View from the Sixth Circuit
By William Goren on
Today’s case is a case out of the Sixth Circuit, Ferrari v. Ford Motor Company, decided June 23, 2016. It deals with the issue of what happens when an employer perceives an opioid addiction. As is typical, my blog entry is divided into categories: facts; court’s reasoning; and takeaways. The reader is free to…
ADA and ADA Related Cases at the Supreme Court: Where They Have Been and What Is Next
By William Goren on
Did you know that persons with disabilities are undefeated at the Supreme Court when it comes to title II and title III matters? It’s true.
Let us explore the ADA and ADA related cases that have been before the United States Supreme Court since the ADA went into effect. If I have this figured right,…
Fisher II and Its Impact on Affirmative-Action Programs for Persons with Disabilities
By William Goren on
I am a member of the Society for Human Resources Management. The manager of workplace law content for the Society for Human Resources Management is a gentleman named Allen Smith, J.D. He wrote an excellent article a few days ago discussing Fisher II, the affirmative action case in academia just decided by the United States…