When it comes to the ADA, there are three possible kinds of lawsuits. First, disparate treatment. Second, failure to accommodate. Third, disparate impact. You don’t see a lot of disparate impact cases. As a result, I thought it would be useful to blog on a decision dealing with the disparate impact issue. Our case of
Rehabilitation Act
Convincing Mosaic as a Standard for Deciding Summary Judgment Motions Arrives
I hope everyone is getting back into the swing of the new year. Next week, I will be visiting my daughter in between January term and second semester. I will be here Monday but leave Tuesday and back Friday. So, I am not sure of the timing of the blog entry for next week. This…
Bar Examiners, Colleges and Universities May All Want to Reconsider the Extent of Their Documentation Requests When Receiving Accommodation Requestss
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…
2023 Understanding the ADA Greatest Hits
I hope those that celebrated had a happy Hanukkah. Merry Christmas, happy new year, and happy holidays to everyone.
Today’s blog entry is my top 11 or so for the year. As is my past practice, I have included important blog entries that do not make the list . Most of those though were…
Is There a Remedy When a State Court Judge Discriminates Against an Individual by Reason of Their Disability
At least once a month, I get a phone call where a judge is treating a person with a disability in their courtroom in a hostile way. The person always wants to know what can be done about it and whether judges are allowed to do that. I have talked before going after the judiciary…
Does Title I of the ADA Apply When the Plaintiff is no Longer Qualified/Otherwise Qualified?
Today’s blog entry is not on an issue that I have blogged on previously. It deals with the question of what happens when a person leaves employment and was otherwise qualified during that employment, but after the employment ends, some discriminatory action occurs. Does title I apply since the person is no longer otherwise qualified/qualified?…
Is There a Private Cause of Action for Violations of §508 of the Rehabilitation Act?
Today’s blog entry is on a topic that we have not previously discussed before or certainly we have not discussed much. The topic is §508 of the Rehabilitation Act. Otherwise known as 29 U.S.C. §794d. Case of the day is Orozco v. Merrick Garland decided by the U.S. Court of Appeals for the District of…
Eligibility Criteria, Direct Threat, and the Necessity Exception
It has been a while since I blogged on the ADA with respect to amusement parks. On July 7, 2023, the 11th Circuit in a published decision came down with a case discussing the ADA with respect to amusement parks. Among the topics discussed are the screen out provisions and direct threat. The case…
DOJ Weighs in on Laufer and says Laufer loses
Before getting started on the blog for the week, I wanted to let everyone know that the ABA Law Practice Today just published my article entitled AI and Persons with Disabilities: the Good and the Bad. It can be found here.
Last week, we discussed Acheson Hotels brief in the Laufer case. Also…