Today’s blog entry comes out of the Northern District of Georgia, and it involves the question of what is deliberate indifference in effective communication cases. We have talked about effective communication and deliberate indifference numerous times before in the blog. The case of the day is Nix v. Advanced Urology Institute of Georgia198199. By
Rehabilitation Act
Exby-Stolley Revisited: The 10th Circuit en banc Decision
By William Goren on
Before starting on the blog entry of the day, if you have not already voted do so. Today’s blog entry is a case, Exby-Stolley v. Board of County Commissioners, Weld County, Colorado17918111819811820567, that I blogged on almost 2 years ago. About two years ago, the 10th Circuit came down with a decision, which…
Public Schools Ability to Regulate Off-campus Speech in the Digital Age
By William Goren on
We now have a new Associate Justice on the United States Supreme Court, Amy Coney Barrett. For those interested in how she might rule on disability rights matters, see this blog entry1821206969198. Today’s blog entry came to me from my involvement with the Federal Bar Association civil rights section. Caryl Oberman, a Pennsylvania attorney…
Judge Amy Coney Barrett and Persons with Disabilities
By William Goren on
Before getting started on the blog entry of the day, I wanted to wish everyone with teams in the baseball playoffs good luck. I actually have three teams in the baseball playoffs: brave; cubs; and White Sox. No, I am not watching nine hours of baseball today, but I am recording all three of my…
A Federal Judge Calls Out Ableism
By William Goren on
I was thinking of blogging on the Seventh Circuit case where the Seventh Circuit held that the ministerial exception does not apply to hostile work environment claims. As sometimes happens, another labor and employment law blogger, this time Amy Epstein Gluck of Fisher Broyles, beat me to the punch, here173172186187117117. Amy did it so…
Unreasonable Delay in Granting a Reasonable Accommodation is Actionable Under the ADA
By William Goren on
Before starting our blog entry, two lions of the civil rights movement passed away on the same day recently. C.T. Vivian and John Lewis. John Lewis happened to be the person who represented me in the U.S. Congress. Georgia Democrats have selected the Georgia state Democratic Party chair, GA State Sen., Nikema Williams, as his…
But For Causation is not Sole Causation and Other Matters: the Supreme Court LGBT Decisions
By William Goren on
This week the Supreme Court came down with the decisions in the LGBT cases, which I previously discussed here. The decision will have an absolute huge impact on people with disabilities in both positive and possibly negative ways. Before moving onto the decision, I do want to say that my wife and I and…
EEOC and Covid-19: Part IV
By William Goren on
I have talked about the EEOC and Covid-19 guidelines that have been coming out from time to time before here, here, and here. On June 11, the EEOC came out with some more questions. Assuredly, my fellow employment law bloggers-such as Robin Shea, Eric Meyer, and Jon Hyman will probably have something…
What Does Transitory and Minor Mean for Purposes of Regarded As Claims
By William Goren on
Posted in ADA, Final Federal Regulations, Guidances, Rehabilitation Act, Title I, Title II, Title III
Before moving on to today’s blog entry, I want to point out an excellent blog entry from my friend, colleague, and fellow blogger, Robin Shea. Last week, she blogged on the situation of what can happen when you have an incomprehensible drug policy that nobody understands that is not applied effectively. In short, it creates…
After Acquired Evidence and the ADA
By William Goren on
Posted in ADA, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title I, Title II, Title III
Today’s blog entry is a topic that I have never discussed before. Since December 2011, my records show that I have put up 408 blog entries. In not one of them, have I discussed today’s entry. Today’s entry discusses the doctrine of after-acquired evidence and how it works with title I and logically, to a…