The Blog of William D. Goren, J.D. LL.M.
I am taking a break from watching the Olympics on Peacock and other channels. Hoping everyone has a good end to the summer. At least in my town, K-12 starts for the kids tomorrow.
Today’s blog entry deals with the question of what happens when you have a fitness for duty exam that doesn’t…
Today’s blog entry is going to be a short one. One of the issues we have discussed quite a bit in a variety of contexts is sovereign immunity. What happens when the claim is retaliation and sovereign immunity is involved? Does sovereign immunity get forcibly waived in that situation? A case answering this question is…
The EEOC has been focused on AI discrimination in the workplace for some time. It has been a particular focus, though not exclusively with him, for outgoing EEOC Commissioner Keith Sonderling, who actually wrote a law review article on the topic (see ¶ 1 of thoughts/takeaways §). During the last academic year, I was part…
My thoughts go out to everyone in the Houston area and in Texas dealing with the aftermath of hurricane Beryl.
The blog entry of the day is about a case that came to me from Anne Cullen, a reporter with law 360. She wrote an excellent article on it, here (subscription required). The case…
As I mentioned at the beginning of the week, it was pretty clear that another blog entry was warranted before Monday in light of the Supreme Court ending its term and my travel schedule. So here goes. There are three cases to discuss that are relevant to the ADA universe. They are: Loper Bright Enterprises…
This may very well be a week with two blog entries for three reasons. First, there is the blog that will be the subject of this blog entry. Second, if I have this figured right, this is the last week that the Supreme Court has for issuing opinions before their summer recess. I am particularly…
Just recently, North Dakota enacted into their Constitution an age limit, here, for those serving in the U.S. House and the U.S. Senate. In particular, that constitutional amendment says: “no person may be elected or appointed to serve a term or a portion of the term in the U.S. Senate or the U.S. House…
I always assumed that a dog satisfying the definitions of a service animal under the DOJ final regulations for title II and title III of the ADA would have to be automatically allowed by an employer where the employee has a service dog satisfying that definition. At least in the Eighth Circuit, that isn’t the…
Today’s blog entry explores an unpublished decision from the Sixth Circuit on April 29, 2024, that discusses some important points regarding reasonable accommodations. The case is Yanick v. The Kroger Company of Michigan, here. As usual, the blog entry is divided into categories, and they are: facts; what is sufficient notice from an employee…
Back in 2015, I blogged on the ACA proposed final regulations as it affected non-discrimination against persons with disabilities, here (this blog entry is still worthwhile reading). It turns out that the rule was finalized in 2016. Somehow, I didn’t blog on that. Now, HHS has issued a revised final rule for §1557. I…