The Society of Human Resources Management is not the only employer facing litigation for denying a service animal. On January 13, 2026, the Flaming Gorge Resort saw its motion to dismiss with respect to its denial of a service animal for an employee go down in flames (pun intended). The case is O’Connor v. Colett’s
Guidances
Religious Freedom and Remote Work ADA Implications and the Latest With HUD and Animals in Housing
Today’s blog entry is a two for one. First, we explore some stunning developments in the area of housing and animals when it comes to persons with disabilities. Second, we explore a memorandum opinion from DOJ to the acting chair of the EEOC when it comes to remote work as an accommodation for religious liberty…
Landlords Can Charge a Fee for ESA’s/Pets and the Impact of Loper Bright
This week’s blog entry come to me courtesy of Clinical Law Prof. Emeritus Leonard Sandler of the University of Iowa Law School. It asks the question of whether a landlord can charge a pet deposit for an ESA (emotional support animal). Loper Bright also comes up as well. The case of the day is Henderson…
Unreasonable Delay is Actionable, Adverse Action Unnecessary, and More Good Stuff
Before getting started on the blog of the week, a housekeeping matter. I usually get my blogs up on Monday and sometimes Tuesday or even Wednesday. However, my daughter just finished her third year of college and is home for a short time before starting her summer gig. So, my schedule for the next couple…
Insurance Policies for Landlords Containing Breed Restrictions for ESA/Service Animals Can Violate the Fair Housing Act
Today’s blog entry come to me courtesy of Clinical Law Professor Leonard Sandler of the University of Iowa, and deals with the question of whether there is an FHA violation when an insurance company allegedly refuses to insure a landlord because the ESA owned by the tenant was one of the prohibited breeds contained in…
A doubleheader: Federal Court Accessibility and Tribal Sovereign Immunity
Today’s blog entry comes to me courtesy of Prof. Leonard Sandler, a clinical law professor at the University of Iowa. He sent me the case of Goldup v. Casino decided by the United States District Court for the Southern District of California on January 31, 2025. There are two aspects of the case, which can…
In a Batson Challenge, what Prosecutor Says is Everything or is It?
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…
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
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?
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…