The Blog of William D. Goren, J.D. LL.M.
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Overview
The ADA has a whole scheme that deals with medical inquiries/exams/ disability related inquiries. Basically, the way it works is this:
1. Preemployment medical inquiries/ exams are prohibited. However, nothing wrong with asking whether a person can do what would be an essential function of the job. That said, if you are going…
I first found out about this case- Weaving v. City of Hillsboro, a published decision from the Ninth Circuit decided August 15, 2014- from reading Jon Hyman’s excellent blog entry on it, which can be found here.
Jon does an excellent job of describing the facts of the case and I quote from…
Your client asked for reasonable accommodations/modifications and was retaliated against for doing so. Let’s assume that the retaliation is fairly obvious. The question becomes when you file a retaliation claim are you going to be able to get compensatory and punitive damages? Might it depend upon the title or law that you are suing under?…
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What is a good faith interactive process?
The ADA requires an interactive process whenever a person with a disability gives the employer, governmental entity, or business notice (broadly defined), that they are in need of reasonable accommodations/modifications as a result of a disability. What would a good faith interactive process look like in the…
I have been blogging now for almost 3 years. We recently passed the 50,000 views mark. Thanks!! The holy grail of legal blogs is the American Bar Association Blawg 100. They are taking nominations now and the deadline is August 8. The nomination form can be found here. If you really like what you…
I know I generally blog on Mondays, but this has been a strange week between client matters and an unusual family schedule.
Also, it isn’t unusual for those who blog to wind up blogging on things that some other blogger has covered. I don’t mind doing that so long as we have different perspectives that…
In a previous blog entry, I discussed the case of the National Association of the Deaf v. Netflix, a decision from the District Court in Massachusetts. In that discussion, I expressed surprise that not only did Netflix not appeal, they settled for $900,000. The reason I expressed surprise was that this case broke…
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Introduction
Let’s say you have this situation. The city holds an outdoor car show allowing a whole bunch of people to display their wares outside. One of the vendors blocks the curb ramps providing persons with disabilities access to the sidewalk in front of the hotel where a person was staying as he was…
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Introduction
My experience with law review articles is that for the most part they are very difficult to read, rarely practical, and rarely on the cutting edge of things with respect to how practitioners are concerned. There are exceptions. For example, in my book, in the ADA and Sports chapter, I spent quite…
My usual practice is to put up a blog entry on Mondays. However, Monday is Memorial Day, and so I thought I would put up a blog entry today, especially since there has been some big news this week. In particular, the Department of Fair Employment and Housing of the State of California, United States…