Since the changes are so radical between the Americans with Disabilities Act and the ADAAA in many ways, a question comes up as to whether those changes are retroactive to pending ADA cases where the facts occurred entirely before January of 2009. There are two U.S. Supreme Court cases out there that strongly suggest that
Final Federal Regulations
Ripped from the headlines: direct threat
By William Goren on
http://articles.philly.com/2012-02-08/news/31038138_1_hiv-positive-safety-of-other-students-admission
The above link involves the AIDS Law Project of Pennsylvania filing a suit in Philadelphia in December arguing that a boarding school discriminated against an HIV-positive teenager who applied to a school that served low-income families. The school is a residential boarding school. The teenager appeared to meet the initial minimum qualification for admission.…
Laws do not exist in a vacuum (FHA v ADA, FMLA v ADA)
By William Goren on
One of the things that’s easy to do is forget that laws do not exist in a vacuum. On the employment side, you see this all the time. For example, under the Americans with Disabilities Act, the critical question is whether a person can perform the essential functions of the job with or without reasonable…