Today’s blog entry takes a look at three different cases that either expand on prior blog entries or talk about subsequent developments with prior blog entries. This week is absolutely crazy for me as my daughter is graduating high school this week, probably on Friday, and we have company coming in today. So, the blog
Federal Cases
Using Transitory and Minor Exception as a Preventive Law Tool for Temporary Disabilities Does Not Withstand Further Analysis
By William Goren on
Posted in 504, ADA, Federal Cases, Final Federal Regulations, FMLA, Guidances, Legal malpractice, Title I, Title II, Title III
My daughter completed her classroom component for high school this week and now is just waiting to graduate, so my schedule has been a bit all over the place. Hence, I am getting this blog entry up later in the week than I usually do.
This week’s blog entry is already making the rounds…
Hopman v. Union Pacific: Railroad: Much More to This Case than Meets the Eye
By William Goren on
Today’s blog entry deals with a case that got quite a bit of publicity from labor and employment attorneys on LinkedIn when it came out. I promised then that I would blog on it. So, here goes. The case of the day is Hopman v. Union Pacific Railroad out of the Western Division of the…
Cummings Decided
By William Goren on
I have been blogging since December, 2011. In all that time, I can count on one hand the number of times that I have blogged more than once during a week. As far as I can recall, I have never blogged on back-to-back days. I had actually completed two drafts of the blog entry that…
Meaning of Transitory and Minor and Just How do you Determine an Integrated Employer
By William Goren on
Today’s blog entry discusses two different concepts. The first concept it discusses is what just does “transitory and minor,” mean for purposes of the regarded as exception and for purposes of what I mean when I keep talking about it as a great preventive law approach to deciding when a temporary disability might be protected…
Internet Accessibility Standing Undoubtedly Headed to Supreme Court
By William Goren on
Posted in 504, ADA, Fair Housing Act, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title III
Consider the same set of facts. Title III’s final implementing contain requirements for hotels to post the availability of accessible hotel rooms, 28 C.F.R. §36.302(e), (don’t get me started on how hotels deal with rooms for Deaf, deaf and HOH customers). Two individuals are self avowed testers that visit websites of hotel to see if…
Legislative Immunity Trumps Everything Says the First Circuit
By William Goren on
Before getting started on the blog entry of the day, I do want to give a shout out to CODA, which won a best supporting actor, a best adapted screenplay, and best picture at the Academy Awards. As a small d deaf proud person in a deaf and hoh proud (daughter also wears hearing aids),…
Covid-19 May be Covered by both Actual Disability and Regarded As Prongs
By William Goren on
Today’s blog entry deals with the situation where a person get Covid-19, goes through most of the quarantine period, and then is fired by the employer during the quarantine period despite the employer knowing that the person had Covid-19 symptoms. The case is Brown v. Roanoke Rehabilitation and Healthcare Center, here, decided by the…
Ketanji Brown Jackson and Disability Rights
By William Goren on
With the nomination of Ketanji Brown Jackson by Pres. Biden to the United States Supreme Court, it is time for me to do my analysis of the nominee’s decisions pertaining to disability rights. My search was done in casetext and it was, “judge/4 Brown-Jackson and ADA or 501 or 504 and disability. I also did…
Executive Agency Goings on and How Far Can You Go with a Request for Information
By William Goren on
Y’all may be wondering where my blog entry from last week went. I was absolutely slammed with client matters and could not get to it. I’ve got a moment now. So, this blog entry is going up at the beginning of this week. Before moving onto the blog entry of the day, there have been…