Today’s blog entry talks about a case that is not an ADA case at all. However, I do expect the case to have a huge impact on a particular area of ADA jurisprudence. As we know, such as discussed here, there has been considerable debate in the courts over whether failure to accommodate cases
Federal Cases
But For Causation and Motivating Factor are Two Different Things
By William Goren on
Posted in 504, ADA, Federal Cases, Rehabilitation Act, Title I, Title II, Title V, Title VI of Civil Rights Act, Title VII
I have been absolutely slammed this week, which is why I am so late in getting a blog entry up for the week. Before getting started on the blog entry for the day, I do want to mention that the Department of Justice has now issued a final rule on website accessibility involving Title II…
When Can Public Officials Delete Citizen Posts or Block Citizens From Commenting on Social Media Sites
By William Goren on
Today’s blog entry does not have anything to do with people with disabilities per se. However, people with disabilities like anybody else do have the right to express their support or displeasure with public officials. That of course leads to two questions. First, what happens if the website where they can post comments is not…
Court Says Reasonable Accommodation Request Must Relate to Essential Job Functions, But Did it Really Have to Draw That Conclusion?
By William Goren on
Today’s blog entry is one of those situations where I read a case and asked myself whether the court could have gotten to the same place more elegantly than the way it did. The case of the day is Bruno v. Chasity Wells-Armstrong, here, decided by the Seventh Circuit on February 23, 2024. As…
Murray v. UBS Securities and its Possible Impact Upon ADA Jurisprudence
By William Goren on
The blog entry for the week is actually not an ADA case at all but it may have a substantial impact on the ADA universe. The case of the day is Murray v. UBS securities, LLC, a unanimous decision written by Justice Sotomayor, from the Supreme Court decided on February 8, 2024, here. It…
Retaliation and Sovereign Immunity
By William Goren on
Normally, as you all know, I don’t blog on more than one case in a week. However, I will be out of town the first part of next week, and I generally prefer to get blog entries up at the beginning of the week. I am also headed out of town the following week as…
Nested Positions
By William Goren on
Posted in 504, ADA, Federal Cases, Final Federal Regulations, Guidances, Rehabilitation Act, Title I
Today’s blog entry considers the question what happens when you have an individual with a disability seeking to perform a job that the person can do but in order to do that particular job they also have to be simultaneously eligible to do a different job which they may or may not be able to…
ADA Disparate Impact Claims
By William Goren on
When it comes to the ADA, there are three possible kinds of lawsuits. First, disparate treatment. Second, failure to accommodate. Third, disparate impact. You don’t see a lot of disparate impact cases. As a result, I thought it would be useful to blog on a decision dealing with the disparate impact issue. Our case of…
Kisor Becomes an Adverb
By William Goren on
Today’s blog entry discusses the oral argument in two cases heard by the United States Supreme Court last week. Both of which asked the question of whether Chevron deference will continue to be a viable doctrine. We know from reading cases over the years, cases the various justices were involved in while on the various…
Convincing Mosaic as a Standard for Deciding Summary Judgment Motions Arrives
By William Goren on
Posted in 1983, 501, ADA, Federal Cases, Rehabilitation Act, State Cases, Title I, Title IV, Title IX, Title VI of Civil Rights Act, Title VII
I hope everyone is getting back into the swing of the new year. Next week, I will be visiting my daughter in between January term and second semester. I will be here Monday but leave Tuesday and back Friday. So, I am not sure of the timing of the blog entry for next week. This…