I am very regular about posting blog entries for the week. I have rarely missed doing that over the 14 years I have been doing this. I do have a good explanation for missing last week. My father died a week ago today, and I was away for funeral events. By any objective measure he
Federal Cases
Let’s Count the Ways Alcoholism is a Disability
By William Goren on
There is a lot of confusion out there about whether alcoholism is a disability. Illegal use of drugs gets exempted from the ADA but alcoholism is a different story. True, you can evaluate a person engaged in excessive use of alcohol in terms of performance as if the alcohol use doesn’t exist, but that is…
Eighth Amendment, Title II, and Nondelegable Duty
By William Goren on
Posted in 1983, 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title I
Today’s blog entry is a published decision from the Third Circuit, Montanez v. Price, here decided on October 8, 2025 (which was my birthday). It discusses a series of issues, including: the Eighth Amendment; what is a program, service, and/or activity; and nondelegable duty. More specifically, the blog entry is divided into the following categories…
Direct Evidence Cases do Exist and Other Good Stuff
By William Goren on
Today’s blog entry comes out of the Eighth Circuit, where just don’t see a lot of ADA cases. This case, Equal Employment Opportunity Commission v. Drivers Management, LLC, is a published decision decided on July 10, 2025, and can be found here. The case explores several topics including: 1) direct evidence; 2) logistical undue…
Inflexible Return to Work Policies Can Cost You Big Time
By William Goren on
Before getting started on the blog entry for the week, I want to wish those who are celebrating a happy and healthy Jewish new year. The new year starts this evening and culminates with the day of atonement next week.
The case of the week is Granas v. Union Pacific Railroad Company out of…
How Not to do the Interactive Process
By William Goren on
I am back in the office after taking an Alaskan cruise with a side trip to Denali National Park. Both are absolute bucket lists. If you have not done both, I highly recommend it. The scenery in Alaska is something that cannot be easily explained. If you have only done the cruise, definitely worth going…
Unions Can’t Hide Behind the Duty of Fair Representation When it Comes to ADA and Title VII Compliance
By William Goren on
Before getting started on the blog entry of the week, a housekeeping matter in order. I will be out of the office August 30-September 12, so this will be my last blog entry until the week of September 15.
This week’s blog entry raises the question of whether unions can hide behind the duty…
Kluge Latest Decision and it’s Potentially Huge Impact on ADA Failure to Accommodate Cases
By William Goren on
Unlawful Disclosure is a Separate Private Right of Action Under Both the Rehabilitation Act and the ADA and other stuff
By William Goren on
Posted in 501, 504, ADA, Federal Cases, Final Federal Regulations, FMLA, Rehabilitation Act, Title I
Today’s blog entry came down to a close call between two cases that were decided last week. In the first case, Robin Shea, of Constangy Brooks, discussed a religious accommodation case, here, which also has significant implications for the disability rights universe. I highly commend her blog entry. I do plan to blog on…
A Twofer: A Short Discussion of How Far the Honest Belief Rule Extends and What Constitutes a Judicial Act
By William Goren on
Today’s blog entry is a real short one. I actually have quite a pile of cases to blog on, but I ultimately decided to keep it short. In particular, I wanted to focus on a couple of different concepts that come up frequently. The first point arises in the case of Gray v. State Farm…