Next week, my daughter is on break and will be making college trips with each of her parents to different parts of the country. Then, all of us will meet up to see both sides of the family at the end of the week. So, I am hoping that I can get a blog entry
Final Federal Regulations
Does the ADA and §504 Allow for Disparate Impact Claims: The View from the Ninth Circuit
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, General, Rehabilitation Act, Title II
Previously, I mentioned that the upcoming Supreme Court term will have two cases before it pertaining to the rights of people with disabilities. One of those cases asks the question of whether disparate impact claims exist under §504 of the Rehabilitation Act. On August 24, 2021, the Ninth Circuit over a dissent said that such…
Psychiatric Exams and Federal Employees
By William Goren on
Before moving on to the blog entry of the week, some of you may be wondering what happened to the comments section of the blog/website. The host of my blog/website has decided to discontinue that feature for the reasons mentioned here. While very few comments were made on each of the blog entries over…
Can ADA and Rehabilitation Act be used to Overrule Anti-Masks Mandates/Laws?
By William Goren on
Posted in ADA, Federal Cases, Final Federal Regulations, Rehabilitation Act, State Statutes, Title I, Title II
On one of the local National Public Radio stations here in Atlanta metropolitan area, there is a show called Political Rewind. On that show, distinguished panelists (political consultants, former officeholders, political science professors, etc.), talk about what is going on in Georgia politics and nationally as well. Today, they were talking about Republicans in Georgia…
Temporary Disability, EEOC Charges, and an ADA/Rehabilitation Act Case Comes to the Supreme Court
By William Goren on
Posted in ADA, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title I, Title II, Title III
Happy Fourth of July week everyone. Hope everyone had a great Fourth of July. I am sure many are taking the week off or having an extended holiday. Have fun and be safe.
Today’s blog entry is a three in one. In particular, we will talk about how do you figure out when a…
Naomi Osaka and Title III of the Ada
By William Goren on
As everyone knows, Naomi Osaka made news last week in a big way. One of the things that I saw is that labor and employment bloggers were using it as an analogy for how they would deal with something like this under title I of the ADA, such as here184192212213215215. Sports commentators, such as…
Association Standing and Burden of Proof for Readily Achievable
By William Goren on
Today’s case of the day deals with two questions. First, just how does association standing work? Second, what is the burden of proof when it comes to figuring out whether something is readily achievable per title III of the ADA?
The case is Schalamar Creek Mobile Homeowners Association, Inc. v. Adler decided by the…
Reassignment is a Reasonable Accommodation of Last Resort
By William Goren on
Today’s blog entry deals with the question of what happens when an employer demands that an employee move to a different job without evaluating or completely assessing whether that employee is capable of performing his or her current job’s essential functions with or without reasonable accommodations. The answer to the question says the Fourth Circuit…
Another Arrow in the Quiver for Plaintiff Attorneys When it Comes to Effective Communication Claims
By William Goren on
I would say about 10% of my blog entries deal with ADA related nondiscrimination laws and concepts but not the ADA itself, including such things as the Fair Housing Act, Air Carrier Access Act, and constitutional law. Occasionally, we throw in a state law as well. Today is another one of those, the, Affordable Care…
Legislative Immunity Does NOT Trump Everything
By William Goren on
Today’s blog entry is an update on a prior blog entry where I discussed a District Court of New Hampshire decision saying that legislative immunity trumps everything, including the ADA. That case got appealed to the First Circuit. I was very flattered to learn that my blog entry discussing the decision holding that legislative immunity…