The big news from last week was the decision from the Eastern District of Pennsylvania holding that gender dysphoria is a protected disability under the ADA. The opinion can be found here. Also, this blog entry specifically references a blog published elsewhere by Christine Duffy, Esq., whom I have known for over 20 years. She
Constitutional law
Did You Know that an Exhaustion Requirement for Title II and §504 Exists? Me Neither…
By William Goren on
I bet you didn’t know that in some circumstances title II and §504 may contain an exhaustion requirement. The reason I’m guessing you didn’t know is that until I saw this case, Sierra v. School Board of Broward County, 2017 U.S. Dist. LEXIS 62498 (S.D. Fla. April 20, 2017), it hadn’t occurred to me…
ADA Compliance as a Delegable Duty: Did I really Say That?
By William Goren on
It isn’t one of my most popular blog entries, but in my opinion, it is one of my most important. I am referring to the blog entry talking about the ADA as a nondelegable duty, which can be found here216215. On April 24, 2017, the U.S. Court of Appeals for the Ninth Circuit came…
This is Outrageous! April Fools:-)
By William Goren on
I
This is just outrageous!* People shouldn’t say these things, such as:**
- “I’m not going to change anything with respect to IEP’s. After all, appropriate progress means anything you want it to mean.”
- “Since I don’t want your money, I can do what I want.”
- “A cool website is more important than an accessible website.
…
Death Penalty and Persons with Intellectual Disabilities
By William Goren on
Posted in Constitutional law, Federal Cases
Today’s blog entry concerns the Supreme Court case decided yesterday, Moore v. Texas, talking about how do you go about figuring out whether a person with an intellectual disability is eligible for the death penalty. Before proceeding further, a couple of notes. First, this is the third decision in a matter of a few…
Gorsuch and Rights of Persons with Disabilities
By William Goren on
For those in New England, congratulations on a phenomenal come back. Greatest comeback in Super Bowl history. As you can imagine, people in Atlanta are a bit besides themselves. I am relatively new to the Atlanta area, going on five years now, and so perhaps it didn’t hit me quite so hard. Also, growing up…
EEOC Final Rule on Affirmative-Action Requirements for Persons with Disabilities
By William Goren on
Posted in Constitutional law, Rehabilitation Act
Today’s blog entry concerns the EEOC final rule on implementing affirmative-action requirements of §501 of the Rehabilitation Act of 1973. So, this particular blog entry only applies to federal employees and to federal agencies. As usual, it is divided into categories and they are: some highlights; is the rule susceptible to being challenged; and…
Understanding The ADA 2016 Top 10 Blog Entries +2
By William Goren on
Posted in ADA, Constitutional law, Federal Cases, Final Federal Regulations, Guidances, Title I, Title II, Title III, Title V
It is time for the top 10 of 2016. For the most part, the greatest hits stayed the same during the course of the whole year. I believe I updated the greatest hits at the end of the first quarter of this year and then did not do so after that. There were only two…
A Donald Trump Administration and the Rights of Persons with Disabilities
Before moving on to the post of the week, you will notice that the blog has a new look and feel. I upgraded the blog so that it is better able to be used on mobile devices and more importantly the upgrade increases its ability to be accessible. Besides the look, you will see that…
Graduated Student and Sovereign Immunity
By William Goren on
As promised, I am back. For my Jewish brethren, I want to wish everyone a happy new year and a good fast, Yom Kippur starts tonight. Today’s case comes to me courtesy of my friend and colleague from Dallas, Texas, Richard Hunt passed along the case of Ross v. City University of New York,…