Before getting started on the blog entry for the week, I did finish Over Ruled. What is clear from reading the book, is that Justice Gorsuch clearly believes that the administrative state had gotten too big and that sufficient guardrails for the administrative state do not exist. Also, from reading that book, it is pretty
Guidances
Loper Bright, Grants Pass, and Jarkesy Decided by the Supreme Court
As I mentioned at the beginning of the week, it was pretty clear that another blog entry was warranted before Monday in light of the Supreme Court ending its term and my travel schedule. So here goes. There are three cases to discuss that are relevant to the ADA universe. They are: Loper Bright Enterprises…
Roadmap for Dealing with Emotional Support Animals Matters
By William Goren on
Posted in ADA, Fair Housing Act, General, Guidances, State Cases, State Statutes, Title II, Title III
This may very well be a week with two blog entries for three reasons. First, there is the blog that will be the subject of this blog entry. Second, if I have this figured right, this is the last week that the Supreme Court has for issuing opinions before their summer recess. I am particularly…
Does an Employer Have to Allow an Employee’s Service Animal?
By William Goren on
I always assumed that a dog satisfying the definitions of a service animal under the DOJ final regulations for title II and title III of the ADA would have to be automatically allowed by an employer where the employee has a service dog satisfying that definition. At least in the Eighth Circuit, that isn’t the…
Nested Positions
By William Goren on
Posted in 504, ADA, Federal Cases, Final Federal Regulations, Guidances, Rehabilitation Act, Title I
Today’s blog entry considers the question what happens when you have an individual with a disability seeking to perform a job that the person can do but in order to do that particular job they also have to be simultaneously eligible to do a different job which they may or may not be able to…
Bar Examiners, Colleges and Universities May All Want to Reconsider the Extent of Their Documentation Requests When Receiving Accommodation Requestss
By William Goren on
Posted in 504, ADA, Final Federal Regulations, Guidances, Rehabilitation Act, State Cases, Title I, Title II, Title III
Today’s blog entry come from the Supreme Court of Maryland in a case called In the Matter of Antavis Chavis, here. The case, a 4-3 decision in favor of the plaintiff, should have high-stakes testing entities, and even colleges, and universities reevaluating the documentation they demand before deciding to make accommodations/modifications for an individual…
Law Firm Gets in Trouble for Not Keeping Confidential Information Gained From a Disability Related Inquiry
By William Goren on
Happy new year everyone and hope everyone had a great holiday season.
Today’s blog entry deals with the issue of what happens when an employer doesn’t keep disability related information confidential. The case of the day is Purvenas-Hayes v. Saltz, Mongeluzzi & Bedensky, P.C. decided by the United States District Court for the Eastern…
EEOC Enforcement Guidance on Harassment in the Workplace
By William Goren on
This week’s blog entry is super short. I am actually traveling all week. The first half of the week is Minneapolis to speak at the Minnesota CLE Bankruptcy Institute. The second half of the week is parents weekend at my daughter’s college.
The blog entry for the week is the updated EEOC harassment guideline, which…
Supreme Court and Regulatory Developments and Can a Motion for Summary Judgment be Converted into a Motion to Dismiss
By William Goren on
I
Supreme Court Update and Regulatory Developments
Before getting started on the blog entry for the week, there was some bizarre developments in the case of Laufer v. Acheson Hotels, which we discussed two weeks in a row here. The developments are very well described by the Seyfarth Shaw firm in their blog,…
Does Morbid Obesity Require an Underlying Physiological Condition: The Texas Supreme Court Speaks
By William Goren on
I hope everyone had a Fourth of July weekend that was fantastic and safe.
Our blog entry for the week is a case that we have blogged on before. It asks the question of whether a claim of morbid obesity requires an underlying physical impairment or mental impairment or is just the claim of…