Previously, I have talked about service dog v. therapy dogs. I have also talked about the administrative regulations from the Department of Justice with respect to the difference between service dogs and other kinds of dogs that a person with a disability may have with respect to how they would likely hold up under
Final Federal Regulations
Some useful things to know about regarded as claims
By William Goren on
In order to get damages under title I of the ADA, you have to show intentional discrimination. In order to get damages under title II of the ADA, you have to show deliberate indifference. But what does intentional discrimination mean with respect to a regarded as claim? Must there be discriminatory animus or can there…
Affirmative action and persons with disabilities part two and did OFCCP set up a constititutional challenge to torpedo all of it
I do not normally blog more than once a week. You would be surprised how time-consuming writing a blog entry really is. Also, I don’t like to have blog entries that cannibalize each other. Rather, I like to have a blog entry get a chance to stand on its own for a while. That gives…
IDEA, Rehab Act, and the ADA: Have to keep in mind all three
By William Goren on
Back in 1997, I wrote an article for the Florida bar Journal discussing the relationship between the Individuals with Disabilities in Education Act and the Americans With Disabilities Act. I have had the good fortune to see that article cited numerous times in various law review articles. If I were to update that article today,…
height as a disability: Let’s not overreact
By William Goren on
The ABA Journal is, again, seeking nominations for its list of the 100 best legal blawgs, the “Blawg 100.” The nomination process is simple. Go here and answer a few simple questions touting your favorite blawgs. In addition to this one, there are many good blogs out there. For example, the ones that I use…
Why all colleges, universities, and graduate programs need to do the two-step (with apologies to the state of Texas): essential eligibility requirements and direct threat
By William Goren on
Just recently, the Department of Justice, the Department of Health and Human Services, and the Department of Education joined forces to issue a letter (the link will take you to the press release. In that press release, there is another link to the letter itself), to schools of medicine, schools of dentistry, schools of nursing,…
Legal narcotics and the ADA
By William Goren on
In a previous blog, we talked about marijuana and the ADA. What about narcotics that are prescribed by a physician subsequent to a surgery? Would it be a reasonable accommodation to allow the plaintiff to return to work while using narcotic medications? It’s a justiciable question given the facts it had before it says…
Federal laws/regulations allowing for discrimination can trump the ADA (even if adopted at the state level)
By William Goren on
The United States Supreme Court and the regulations implementing title I of the ADA allow for a complete defense to discrimination against persons with disabilities when the discrimination is necessary in order to comply with other federal law or regulations. Albertsons v. Kirkingburg 527 U.S. 555, 570, 570 n.16; see also id. at 578 (J.…
Service dogs and the Department of Justice regulations: can they be challenge successfully?
By William Goren on
In a comment to the service dog v. therapy dog blog entry, I promised that I would follow-up with an exploration of whether the Department of Justice regulations with respect to service dogs and how they differ from therapy dogs and the corresponding difference in treatment with respect to the ADA, would survive a challenge…
Recent EEOC guidances and a recent fact sheet
By William Goren on
It has been a little while since we talked about employment law here. Now, it is time to get back to it. Recently the EEOC issued four guidances on four different disabilities, diabetes, intellectual disability, cancer, and epilepsy. They also issued a fact sheet on the mental health provider’s role in…