This blog is about understanding the ADA. That said, there are so many places that bounce into the ADA that sometimes I wonder if it is not more apt, at times, to say it is about understanding the ADA and related laws. This is one of those situations where I’m going to talk about a
Telecommuting as a reasonable accommodation: EEOC v. Ford Motor Company en banc Decision
By William Goren on
In a comment to this blog entry, I discussed the panel decision of the Sixth Circuit in EEOC v. Ford Motor Company where the panel held that telecommuting was a reasonable accommodation. Before proceeding further, I want to thank Jon Hyman for alerting me through his blog that the en banc decision came down…
Are fraternities subject to title III of the ADA?
By William Goren on
This blog entry is divided into separate categories: introduction; the statutes; the case of the week; and takeaways. You probably will want to read all of it, but you still have the option to focus on any of the categories you like.
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Introduction
Recently, I ran across this article, in my Google alerts.…
Does a web-based business have to comply with title III of the ADA redux
Previously, I blogged on the oral argument in Earll v. eBay and Cullen v. Netflix. On March 19, 2015, the District Court in Vermont came down with this decision in National Federation of the Blind v. ScribD. That decision bears reviewing.
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Facts:
ScribD is a California-based digital library operating reading subscription services…
Sheehan Oral Argument; This one is Wild
By William Goren on
Yesterday, the United States Supreme Court heard oral argument (the transcript can be found here), in Sheehan v. City and County of San Francisco, which I discussed in this blog entry. I’ve got to admit that this argument did not go anyway along the lines that I thought it would and here is…
Earll v. eBay and Cullen v. Netflix before the 9th Circuit: Perez matters NOW though nobody seemed to see it
By William Goren on
This week is a two fer. At 11 AM Eastern time, the United States Supreme Court will hear argument in Sheehan (my blog entry on that case can be found here). I promise that I will read the transcript of the argument and post my analysis this week.
This particular blog entry involves…
Perez v. MBA and it’s Impact on the ADA Universe: Huge and Starting with new DOT Final Regulations
By William Goren on
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Introduction
Sometimes a case can have a huge impact on the ADA universe even though it is not an ADA case at all. Gross v. FBL Financial Services 557 U.S. 167 (2009) is one such case and today’s case is another. As is my usual practice, the blog entry has been divided into several…
Where does an independent contractor turn if he or she is terminated on the basis of his or her disability?
By William Goren on
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Introduction
Let’s say that you have a client that is an independent contractor. The following day after disclosing that he or she has a disability, the independent contractor relationship is terminated. Where does this person turn for a remedy?
The first possibility is to show that the client was not an independent contractor at…
Can You Get Compensatory and Punitive Damages in Title II ADA Retaliation Claims
By William Goren on
Previously, I have written on whether you can get compensatory and punitive damages in ADA retaliation claims. That particular blog entry despite its title was restricted to title I claims of the ADA. That is, claims arising from employment. But what about title II claims of the ADA. That is, a retaliation claim arising from…
Service dogs: you may be surprised how much there is to think about
By William Goren on