This is actually my second shot at a blog entry for this week. I actually spent a little bit of time this morning writing up a blog on the proposed regulations implementing the nondiscrimination provision of the genetic information nondiscrimination act. However, as I was going through a draft for such a blog entry, I
A shot across the bow to judges and court systems
By William Goren on
I know as a blogger, readers come to expect a regular post every week and on a certain day. In my case, everyone knows that I put up a blog on Mondays, sometime Tuesdays, as is the case today. Rarely, it is later in the week. Obviously, I missed last week. I hadn’t intended it…
ADA and Class Actions; Not Impossible (Prisons)
By William Goren on
Posted in ADA, Constitutional law, Federal Cases, Final Federal Regulations, Title I, Title II, Title IV
Previously, I have written on whether class actions are possible with respect to ADA claims considering how ADA claims are inherently focused on individual analysis. From reading the case law on a regular basis, I am seeing class actions being allowed with respect to Olmstead claims. Outside of that, it tends to be hit or…
Academic Deference and Burden of Proof in Reasonable Accommodation Matters
By William Goren on
One of the blogs in my blog roll is Wait a Second, which discusses civil rights cases in the Second Circuit. Recently, Wait a Second blogged on this case, which as far as I can tell, appears to be unpublished. Wait a second did an excellent job of describing the facts of that case…
Can a Corporation Pursue a Retaliation Claim?
By William Goren on
My most popular blog entry this quarter by far is whether you can get compensatory and punitive damages for retaliation claims, which can be found here. This week’s blog entry explores a different topic but related, which is whether a corporation can bring a retaliation claim and not just an individual. Our case today…
The Double Whammy of Pregnancy and Disability after Young v. UPS: EEOC Steps in
By William Goren on
This is an update to the blog entry that I previously posted. I am revising it because upon further review, it is NFL season after all (Go Falcons!; Go Cubs too!), I realized that confusion was created over when the amendments to the ADA went into effect versus when the final regulations of the ADA…
ADA and the “Sports Association.”
By William Goren on
For years, I refereed and umpired basketball and softball. The entity for managing the referees and umpires were associations whose sole purpose was to deal with the referee side of things. Referees and umpires were ostensibly independent contractors (whether they are would be the subject of a separate blog entry and will not be the…
Alcoholism, Associational Discrimination, Retaliation, and Magic Words
By William Goren on
For my Jewish brethren, I hope everyone survived the gauntlet of the Jewish High Holidays, which ended last night. Again, wishing everyone and their families a happy and healthy new year.
Today’s case comes from the United States District Court’s Southern Division in South Dakota and it takes on issues of alcoholism as a disability,…
Proposed Rules of HHS Implementing the Affordable Care Act Dealing with Nondiscrimination in Health Programs and Activities
By William Goren on
Posted in ADA, Guidances, Proposed Federal Regulations, Rehabilitation Act, Title I, Title II, Title V
Before getting started on this week’s blog entry, I do want to wish everyone that might be celebrating the Jewish New Year next week a happy new year. Also, because I am one of the people celebrating the Jewish new year and will have family responsibilities all week, I am not anticipating putting up a…
Changing Role of Expert in ADA Matters?
By William Goren on
I
Intro
Prior to the amendments to the ADA, a person with a disability had to prove that they had a physical or mental impairment that substantially limited a major life activity. A person with a disability still has to prove that. However, before the amendments a person under Toyota Motor Manufacturing, Kentucky v. Williams …