Today’s case comes from 2003 and represents the start of a line of cases that I am not sure I have discussed before. I am authoring a chapter in a federal employment litigation treatise on disability discrimination and the case came up during the course of that work. The case is Felix v. New York
Rehabilitation Act
In memory of Bob Dole and Becerra and Cummings Oral Arguments
By William Goren on
Before getting started on the blog entry for the week, which as I promised is a recap of the oral arguments held last Tuesday in two cases that very much could affect the world of disability rights, I would be remiss if I did not acknowledge the passing of Bob Dole. When it comes to…
News of Interest for Deaf, deaf, and HOH Communities
By William Goren on
Hope everyone had a great Thanksgiving weekend.
A couple of housekeeping matters. First, my daughter and I will be heading out to a college that she got into for admitted students day. So, my schedule is really compact this week, and I am not sure I will be able to get up a full blog…
EEOC Latest Update on What You Should No About Covid-19 and the ADA, the Rehabilitation Act, and Other EEO laws
By William Goren on
With Thanksgiving week coming up and my wife and daughter coming back from a college trip later today, I thought I would get a blog entry up this weekend for the Thanksgiving week.
It has been a while since we talked about EEOC guidance on Covid-19. In fact, since our last discussion, the EEOC has
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When Must a Person with a Progressive Disability File Suit: Title II Version
By William Goren on
Today’s blog entry deals with the question of what happens when you have an individual with a progressive disability who becomes aware of inaccessibility of a public entity’s facilities. When he becomes aware of inaccessibility issues by the public entity, he files suit but then withdraws it because the accessibility issues are not a problem…
Just Who is an Operator and Facially Neutral Policies: The Ninth Circuit Speaks
By William Goren on
Today’s blog entry comes from the title III blog put out by Seyfarth Shaw, which you can find in my blogroll. As always, Minh Vu does an excellent job with the case. However, as readers of this blog know, I will blog on cases discussed by others if I think I have a different perspective…
Ignorance is Bliss for Police
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, General, Rehabilitation Act, Title II, Title III, Title V
Before getting started on the blog entry of the week, the Atlanta Braves are world champions!! Our local school district is not going to have school tomorrow. It was senior skip day and the Atlanta Braves parade is tomorrow. So, the decision not to have school makes perfect sense. The community we live in is…
TSA Security Screeners Out of Luck if They Have a Disability
By William Goren on
Today’s case, Kaswatuka v. United States Department of Homeland Security, a published decision from the Fifth Circuit that came down on August 2, 2021, here, deals with an issue we have not dealt with before in our blog. This case concerns a person who works as a security officer at the DFW international Airport.…
Is Assessing Physicians for Cognitive Impairment Kosher?
By William Goren on
I was really busy this week on a pressing client matter. So, the blog entry for the week is a bit late, which occasionally does happen. This week’s blog entry is a response to a push by those very much leading the professional recovery program efforts to expand those efforts to include cognitive screening for…
Does the ADA and §504 Allow for Disparate Impact Claims: The View from the Ninth Circuit
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, General, Rehabilitation Act, Title II
Previously, I mentioned that the upcoming Supreme Court term will have two cases before it pertaining to the rights of people with disabilities. One of those cases asks the question of whether disparate impact claims exist under §504 of the Rehabilitation Act. On August 24, 2021, the Ninth Circuit over a dissent said that such…