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
Administrative law
§1557 Final Rule as it Applies to Persons with Disabilities
By William Goren on
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…
HHS Final §504 Regulations
By William Goren on
As I anticipated, it was not possible for me to get a blog entry up last week with all the traveling I was doing. However, I am back now. Recently, HHS came out with their final 504 regulations, which we previously blogged on the proposed regulations here. There were a few changes that are…
Kisor Becomes an Adverb
By William Goren on
Today’s blog entry discusses the oral argument in two cases heard by the United States Supreme Court last week. Both of which asked the question of whether Chevron deference will continue to be a viable doctrine. We know from reading cases over the years, cases the various justices were involved in while on the various…
Decision Tree After Fry and Perez
By William Goren on
Before getting started on the blog entry of the week, I wanted to give everyone a heads up as to the blogging schedule for the rest of the calendar year. My daughter comes home for a three week break on December 13, so we have this blog this week. I will also have a blog…
DOJ PUTS Substance Abuse Programs/Professional Health Programs/Physician Recovery Programs on Notice
By William Goren on
Happy thanksgiving week everyone!!!
Today’s blog entry is the complaint, here, and consent decree, here, in U.S. v. City of Blaine, MN. The case has incredible parallels to what is going on in the world of health care professionals and Physician Health Programs (substance abuse programs such as discussed in this case,…
EEOC Enforcement Guidance on Harassment in the Workplace
By William Goren on
This week’s blog entry is super short. I am actually traveling all week. The first half of the week is Minneapolis to speak at the Minnesota CLE Bankruptcy Institute. The second half of the week is parents weekend at my daughter’s college.
The blog entry for the week is the updated EEOC harassment guideline, which…
DOJ Proposed Rule on Accessibility of Internet Sites and Mobile Apps Used by Title II Entities
By William Goren on
Last week, DOJ came out with a proposed rule for title II entities with respect to mobile apps and their Internet sites, here. Certainly big news, so we are going to talk about it. As usual, the blog entry is divided into categories and they are: purpose of proposed rule, need for the rule,…
Supreme Court and Regulatory Developments and Can a Motion for Summary Judgment be Converted into a Motion to Dismiss
By William Goren on
I
Supreme Court Update and Regulatory Developments
Before getting started on the blog entry for the week, there was some bizarre developments in the case of Laufer v. Acheson Hotels, which we discussed two weeks in a row here. The developments are very well described by the Seyfarth Shaw firm in their blog,…
When it Comes to Service Animals and ESA’s, Did the Texas Court of Appeals Just Throw a Monkey Wrench into the HUD Circular and Title I of the ADA?
By William Goren on
Before getting started on the blog entry of the day, I do want to wish everyone celebrating, a happy Passover and a happy Easter. Also, major league baseball has started, so good luck to any of your teams.
Turning to the blog entry of the day, one wonders why anyone in the state of…