Today’s blog entry deals with a couple of goings-on at the United States Supreme Court. The first is the Supreme Court decision in Health and Hospital Corporation of Marion County v. Talevski, here. In this case, the Supreme Court, in a 7-2 decision, held that violations of the federal law dealing with nursing home
Final Federal Regulations
Privileges and Benefits Part II and Other Matters
By William Goren on
Today’s blog entry is a case that many bloggers are blogging about. As y’all know, I am not afraid to blog on cases that others have blogged on if I feel I can offer my own perspective. This case certainly fits the bill. The case is the 11th Circuit published decision, here, Beasley…
Privileges and Benefits Part I: Hopman at 8th Circuit
By William Goren on
Hope everybody had a great Memorial Day weekend. This week’s blog entry begins a two-part series talking about how the ADA prohibits discrimination on the basis of disability when it comes to offered privileges and benefits. In this week’s blog entry, we will talk about the recent Eighth Circuit decision, here, in Hopman v.…
If the ADA Undue Hardship Paradigm Comes to Religious Accommodations Requests, Plaintiff Could Still Lose
By William Goren on
I hope everyone had a happy holiday weekend. In many places around the world, today is also a holiday as it is Easter Monday.
On April 7, 2023, the Seventh Circuit came down with a decision discussing the de minimis rule when it comes to accommodating an employee’s religious needs. I got to thinking…
Would EEOC’s Hearing Disabilities in the Workplace Guidance Survive Kisor?
By William Goren on
I recently blogged on the EEOC guidance on the hearing disabilities in the workplace, here. I noted several problems with it. Not the least of which was how it confused Deaf, deaf, and Hard of Hearing. There were some other issues as well. That isn’t to say that the guidance did not contain its…
Title I Tutorial: King v. Stuart Trumbull Memorial Hospital Inc.
By William Goren on
I have quite a stack of cases in my pipeline to blog on. When I went digging through them, I came across a decision from April 7 of 2022 (that isn’t a misprint). The case is King v. Stuart Trumbull Memorial Hospital, Inc., a published decision from the Sixth Circuit, here, and it has…
Laufer Headed to Supreme Court: Tester Standing under Title III
By William Goren on
Can a single person cause a split among the US Court of Appeals all by herself? The answer in the case of Debra Laufer is absolutely. Today’s blog entry explores the published decision, here, from the Fourth Circuit on February 15, 2023 holding that Laufer has standing to pursue her case against a hotel…
The Argument for Standalone Websites as a Place of Public Accommodation
By William Goren on
Posted in ADA, Constitutional law, Final Federal Regulations, General, Guidances, Legal malpractice, Title III
Today’s blog entry is a case from the Eastern District of New York, Martinez v. Gutsy LLC, here, which makes the case for why standalone websites can be a place of public accommodation providing that site is functioning for one of the purposes laid out in 42 U.S.C. §12181(7).
Once again, a person…
What A FAPE Really Is
By William Goren on
This blog entry discusses just what is an IDEA FAPE anyway. It is a Sixth Circuit published decided on January 4, 2023, in the case of Doe v. Knox County Board of Education, here. As usual the blog is divided into categories and they are: key facts taken directly from the opinion; issues presented;…
Perez Oral Argument
By William Goren on
Today’s blog entry is the blog entry that I was going to do last week until the EEOC guidance on hearing disabilities in the workplace intervened. That particular guidance was the most personal one that I have ever written. Today, we go back to a more traditional type of blog entry. On January 18, 2023,…