Before getting started on the blog entry of the week, a housekeeping matter, I am thinking that there may be one additional substantive blog for the rest of the year before I do the 2025 greatest hits. My thinking is that one more substantive blog entry after this will appear the week of December 8.
Rehabilitation Act
ADA and 504 as an Alternative to §1983 in Excessive Force Cases
By William Goren on
When the Federal Bar Association national convention was held in Kansas City Missouri, I was part of a panel that explored outside the box uses of the ADA. One of the panelist, Jamie Strawbridge, talked about how the ADA/504 can be an alterative to excessive force §1983 cases. The case of the week explores exactly…
Eighth Amendment, Title II, and Nondelegable Duty
By William Goren on
Posted in 1983, 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title I
Today’s blog entry is a published decision from the Third Circuit, Montanez v. Price, here decided on October 8, 2025 (which was my birthday). It discusses a series of issues, including: the Eighth Amendment; what is a program, service, and/or activity; and nondelegable duty. More specifically, the blog entry is divided into the following categories…
How Not to do the Interactive Process
By William Goren on
I am back in the office after taking an Alaskan cruise with a side trip to Denali National Park. Both are absolute bucket lists. If you have not done both, I highly recommend it. The scenery in Alaska is something that cannot be easily explained. If you have only done the cruise, definitely worth going…
Unions Can’t Hide Behind the Duty of Fair Representation When it Comes to ADA and Title VII Compliance
By William Goren on
Before getting started on the blog entry of the week, a housekeeping matter in order. I will be out of the office August 30-September 12, so this will be my last blog entry until the week of September 15.
This week’s blog entry raises the question of whether unions can hide behind the duty…
Unlawful Disclosure is a Separate Private Right of Action Under Both the Rehabilitation Act and the ADA and other stuff
By William Goren on
Posted in 501, 504, ADA, Federal Cases, Final Federal Regulations, FMLA, Rehabilitation Act, Title I
Today’s blog entry came down to a close call between two cases that were decided last week. In the first case, Robin Shea, of Constangy Brooks, discussed a religious accommodation case, here, which also has significant implications for the disability rights universe. I highly commend her blog entry. I do plan to blog on…
Stanley Decided
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, Rehabilitation Act, Title I, Title II, Title III
On June 20, 2025, the Supreme Court decided Stanley, which we discussed here. There is no need to go into the facts as we have already covered that previously. Accordingly, the blog entry is divided into the categories of: Justice Gorsuch’s majority opinion; Justice Gorsuch’s plurality opinion discussing how Title I might apply; Justice…
Osseo Area Schools Decided
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, IDEA, Rehabilitation Act, Title I, Title II, Title VI of Civil Rights Act
Within the last week, the Supreme Court has come down with two decisions of relevance to our blog (Osseo Area Schools and Ames). Each is worth a separate blog. This week’s blog entry is going to be the Osseo Area Schools, which I previously blogged on its oral argument here. As usual, the blog…
Osseo Area School District Supreme Court Oral Argument
By William Goren on
Yesterday, the United States Supreme Court heard oral argument in the Osseo Area School District case, transcript here. It was ostensibly about whether a higher standard for damages existed for IDEA claim than for the ADA/Rehabilitation Act claims. It turned out to be something different altogether after both sides agreed that the standard should…
Remote Learning as a Reasonable Accommodation, Deference to Educational Institutions, and Other Good Stuff
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title II
Before getting started on the blog entry of the week, I want to wish everyone celebrating Passover, a happy Passover. Also, want to wish everyone celebrating Easter this weekend, a happy Easter.
Turning to the blog entry of the day, Omar v. Wayne State University Board of Governors, here, decided by the United…