Today’s blog entry concerns the question of whether a person acting as a tester can ever have standing to pursue ADA claims. The case of today is Lauffer v. Looper, a published decision from the 10th Circuit decided on January 5, 2022, here. As usual, the blog entry is divided into categories and
Final Federal Regulations
In memory of Bob Dole and Becerra and Cummings Oral Arguments
Before getting started on the blog entry for the week, which as I promised is a recap of the oral arguments held last Tuesday in two cases that very much could affect the world of disability rights, I would be remiss if I did not acknowledge the passing of Bob Dole. When it comes to…
EEOC Latest Update on What You Should No About Covid-19 and the ADA, the Rehabilitation Act, and Other EEO laws
With Thanksgiving week coming up and my wife and daughter coming back from a college trip later today, I thought I would get a blog entry up this weekend for the Thanksgiving week.
It has been a while since we talked about EEOC guidance on Covid-19. In fact, since our last discussion, the EEOC has
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Ignorance is Bliss for Police
Before getting started on the blog entry of the week, the Atlanta Braves are world champions!! Our local school district is not going to have school tomorrow. It was senior skip day and the Atlanta Braves parade is tomorrow. So, the decision not to have school makes perfect sense. The community we live in is…
For Lawyers, Effective Communications Requirements are More Than Just a Matter of ADA Compliance: They are Now a Matter of Legal Ethics Too
Many times before in this blog, such as here and here and here, we have discussed effective communication rules. On October 6, 2021, the American Bar Association issued Formal Opinion 500. Formal Opinion 500, here, now takes effective communication and makes it a matter of professional responsibility and a matter of legal ethics…
Is Assessing Physicians for Cognitive Impairment Kosher?
I was really busy this week on a pressing client matter. So, the blog entry for the week is a bit late, which occasionally does happen. This week’s blog entry is a response to a push by those very much leading the professional recovery program efforts to expand those efforts to include cognitive screening for…
Nix Redux and Can State Covid-19 Liability Laws Limit ADA Suits in Federal Courts
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…
Does the ADA and §504 Allow for Disparate Impact Claims: The View from the Ninth Circuit
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
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?
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…