In the first and second editions of my book, understanding the ADA, I cited to the case of Burch v. Coca-Cola Company, 119 F.3d 305 (5th Cir. 1997), for the proposition that temporary disabilities are not protected by the ADA. However, I did say as a preventive manner, it made sense to treat temporary
Final Federal Regulations
The ADA and Bar Examiners: Uphill Climb for Wannabe Attorneys may have just become less so
By William Goren on
In a previous blog entry, I talked about how a person with an MH history desiring to be an attorney faces an uphill climb with respect to the State Bar’s character and fitness gauntlet that has to be run. In particular, I talked about a case from the Supreme Court of South Dakota that…
Is it consistent with the ADA for an amusement park to deny access to the rides because of a person’s disability?
By William Goren on
Erik Beard, an attorney with the law firm of Wiggin and Dana and who has a blog on legal issues affecting amusement parks , has been talking for some time about a case out of the central district of California that squarely presents the issue of whether amusement park rides must be accessible to persons…
Title III: issue spotting
By William Goren on
As is my practice, I have divided this blog entry into four parts: the facts of the case; the issues; the court’s reasoning; and the takeaways. Feel free to read some or all of the blog entry.
Consider the following:
I
Facts:
Person has a favorite restaurant. Subsequently, he is involved in an accident and…
The ADA and Bar Examiners: Uphill Climb for Wannabe Attorneys with MH
By William Goren on
Does the Americans with Disabilities Act apply to bar examiners? If it were only that simple. Taking the approach with respect to entries that I’ve developed recently, part one discusses the facts of the case. Part two discusses the court’s reasoning and my responses. Finally, part three give the reader takeaways. The reader is free…
Breed restrictions R.I.P.?
By William Goren on
This is my 100th blog entry! Wow!! Many thanks to all of you!!!
Previously, I have had several entries dealing with service dogs. In the first, we talked about what was a service dog and what was not. In the second, we talked about the regulations of the Department of Justice on service dogs…
The perils of relying on a physical exam subsequent to a conditional job offer
By William Goren on
The ADA allows a physical exam to be made after a conditional job offer. That is, it is perfectly permissible under the ADA to offer a person a job conditionally subsequent to taking a physical. If the employer denies employment after the physical exam (i.e. takes back the conditional job offer), the employer must do…
Access Now v. Southwest Airlines overruled by regulation? Department of Transportation, Internet accessibility, kiosk accessibility and the Air Carrier Access Act
By William Goren on
The issue of whether the Internet has to be accessible to a person with a disability is an issue that we have discussed before. One of the cases out there is the case of Access Now v. Southwest Airlines, 227 F. Supp. 2d 1312 (S.D. Fla. 2002), where the Southern District of Florida…
Service Dogs Redux: the Texas approach
By William Goren on
Without exception, or maybe a rare one, every day my blog entry on service dogs and the Department of Justice regulations dealing with them with respect to title II and title III entities, gets at least one visit from someone. That blog entry deals with the federal approach to service dogs with respect to title…
SSDI v. ADA and the doctrine of judicial estoppel
By William Goren on
Person works for a company of over fifteen employees, develops a disability, and is terminated from her position because of that disability. She then files for SSDI. She then brings suit under the ADA for failure of the employer to reasonably accommodate her disability.
In these type of situations, the employer will invariably defend using…