Robin Shea’s latest blog entry, which can be found here. Discusses some of the things people say about HR, including: “HR protect the company’s interests, not yours;” “if you go to HR, HR reports the complaint back to the manager and then you are labeled a malcontent;” “I have yet to see a human
Failure to Promote, Failure to Accommodate, Retaliation, and Breach of Confidentiality As ADA Causes of Action
By William Goren on
Hope everyone had a great weekend. The deadline for submitting my blog for the ABA top 100 legal blawgs expired last night. A few have let me know that they have nominated me. Also, I know from last year that it is entirely possible that someone nominated me without letting me know. In either event,…
If You Don’t Have an ADA Compliance Program, DOJ Will Be Happy to Create One for You: ADA Settlement between United States and Carnival Corporation
By William Goren on
On July 23, 2015, the Department of Justice and Carnival Corporation entered into a settlement to resolve ADA claims. That settlement can be found here. The lesson of the settlement agreement is that every company should have a system in place for complying with the ADA. If they don’t, the Department of Justice may…
Let’s Talk about Arbitration
By William Goren on
This week’s blog entry is going to be talking about several issues pertaining to arbitration. Before we do that though, I do want to let all my readers know that the ABA blawg 100 nominations are open again. I was very honored to be a part of the ABA Blawg 100 last year in the…
ADA at 25
By William Goren on
Posted in ADA
Over the weekend, the ADA turned 25. So where was I 25 years ago? I just received my LL.M. in Health Law from Depaul University (prior to that I had done three years of high dollar value civil litigation), and was the General Counsel for Harris County Mental Health and Mental Retardation Authority in Houston,…
Frequently Asked Questions about Service Animals and the ADA (Guidance from the DOJ)
By William Goren on
Recently, the Department of Justice issued a guidance entitled, “frequently asked questions about service animals and the ADA,” which can be found here. I thought I would go over and highlight some of the questions discussed in the guidance, especially since service animals v. therapy dogs blog entry of mine consistently ranks as one…
If This Decision Holds, Game Changer: Applicable Statute of Limitation for ADA Claims Redux
By William Goren on
I
Introduction
One of the publications that I subscribe to is Disability Compliance for Higher Education . It is an excellent publication for anyone involved with ADA compliance in higher education. Its audience is mainly University 504 and ADA coordinators, University administrators, and professors. One of the cases it featured in its most recent publication…
File/Amend an EEOC Charge As Often As You Have To and Other Goodies
By William Goren on
Today’s case raises the point that an EEOC charge needs to cover the claim. Further, don’t assume that just because there is a prior EEOC charge on file that a subsequent claim will be automatically covered. The case is Martinez v. University Medical Center. The case also has some other interesting points in it…
Preemployment Medical Inquiries v. Preemployment Medical Exams; the Rules Aren’t Exactly the Same and Other Goodies
By William Goren on
Hope everyone had a great Fourth of July! My daughter and I got to enjoy some fireworks. They do a nice job with the fireworks here.
Today’s case is a long one. In the typical side-by-side version that we all remember from law school, the case ran 30 pages. Nevertheless, there are lots of goodies…
Web Accessibility and Universities
By William Goren on
In a previous blog entry, which I keep on my greatest hits section of my blog, I discuss what you need to do with respect to auditing your educational institution for ADA compliance. In #14 of that blog entry, I mentioned that whatever services are being offered on the Internet, the institution needs to…