Today’s blog entry is on a topic that we have not previously discussed before or certainly we have not discussed much. The topic is §508 of the Rehabilitation Act. Otherwise known as 29 U.S.C. §794d. Case of the day is Orozco v. Merrick Garland decided by the U.S. Court of Appeals for the District of
Federal Cases
Eligibility Criteria, Direct Threat, and the Necessity Exception
By William Goren on
It has been a while since I blogged on the ADA with respect to amusement parks. On July 7, 2023, the 11th Circuit in a published decision came down with a case discussing the ADA with respect to amusement parks. Among the topics discussed are the screen out provisions and direct threat. The case…
If it Quacks Like a Duck, It’s Not a Duck Redux: PWFA and Groff v. Dejoy
By William Goren on
As everyone knows, I don’t usually blog twice a week. You wouldn’t think I would do that the Friday before the July 4 weekend. However, two Supreme Court decisions came down yesterday. The most notable one that came down yesterday was the decision involving Harvard and the University of North Carolina with respect to race-based…
Standing and the FHA
By William Goren on
Posted in Fair Housing Act, Federal Cases
We have been on a bit of a roll discussing standing lately, so I thought why not continue it, albeit with a different law. Today, let’s look at the Fair Housing Act (FHA). The case of the day is Brown v. Suri Hurley, LLC, here, from the Eastern District of California cited on June…
At the Supreme Court: Talevski and Laufer
By William Goren on
Today’s blog entry deals with a couple of goings-on at the United States Supreme Court. The first is the Supreme Court decision in Health and Hospital Corporation of Marion County v. Talevski, here. In this case, the Supreme Court, in a 7-2 decision, held that violations of the federal law dealing with nursing home…
Privileges and Benefits Part II and Other Matters
By William Goren on
Today’s blog entry is a case that many bloggers are blogging about. As y’all know, I am not afraid to blog on cases that others have blogged on if I feel I can offer my own perspective. This case certainly fits the bill. The case is the 11th Circuit published decision, here, Beasley…
Privileges and Benefits Part I: Hopman at 8th Circuit
By William Goren on
Hope everybody had a great Memorial Day weekend. This week’s blog entry begins a two-part series talking about how the ADA prohibits discrimination on the basis of disability when it comes to offered privileges and benefits. In this week’s blog entry, we will talk about the recent Eighth Circuit decision, here, in Hopman v.…
Hostile Environment Claims Based Upon Disability
By William Goren on
Before getting started on the blog entry for the week, I do want to note that the Supreme Court just granted certiorari in a case, Loper Bright Enterprises v. Raimondo, asking the question of whether Chevron deference should be overruled. I read the appellate decision yesterday, the Supreme Court does not necessarily have to visit…
Just What are Essential Eligibility Requirements Anyway and Associational Discrimination is a Thing Under Title II
By William Goren on
What Do You Have to Show to Get Compensatory Damages Under the Rehabilitation Act Redux
By William Goren on
In going through my cases in my blog pipeline, I decided to blog on the case of Basta v. Novant Health Inc. It was decided on December 27, 2022, and it is a published decision from the Fourth Circuit. It is a case concerning the effective communication obligations of hospitals to their patients and to…