On one of the local National Public Radio stations here in Atlanta metropolitan area, there is a show called Political Rewind. On that show, distinguished panelists (political consultants, former officeholders, political science professors, etc.), talk about what is going on in Georgia politics and nationally as well. Today, they were talking about Republicans in Georgia
Rehabilitation Act
Ability of K-12 Public Schools to Regulate Off-campus Speech
By William Goren on
Let’s say you have a situation where you have a severely autistic individual, a person with Tourette’s, dyslexia, or some kind of severe learning disability, all of which can lead to anger when the person gets frustrated. To be clear, I am not saying that all persons with disabilities are prone to anger more so…
Temporary Disability, EEOC Charges, and an ADA/Rehabilitation Act Case Comes to the Supreme Court
By William Goren on
Posted in ADA, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title I, Title II, Title III
Happy Fourth of July week everyone. Hope everyone had a great Fourth of July. I am sure many are taking the week off or having an extended holiday. Have fun and be safe.
Today’s blog entry is a three in one. In particular, we will talk about how do you figure out when a…
Naomi Osaka and Title III of the Ada
By William Goren on
As everyone knows, Naomi Osaka made news last week in a big way. One of the things that I saw is that labor and employment bloggers were using it as an analogy for how they would deal with something like this under title I of the ADA, such as here184192212213215215. Sports commentators, such as…
Reassignment is a Reasonable Accommodation of Last Resort
By William Goren on
Today’s blog entry deals with the question of what happens when an employer demands that an employee move to a different job without evaluating or completely assessing whether that employee is capable of performing his or her current job’s essential functions with or without reasonable accommodations. The answer to the question says the Fourth Circuit…
Legislative Immunity Does NOT Trump Everything
By William Goren on
Today’s blog entry is an update on a prior blog entry where I discussed a District Court of New Hampshire decision saying that legislative immunity trumps everything, including the ADA. That case got appealed to the First Circuit. I was very flattered to learn that my blog entry discussing the decision holding that legislative immunity…
Legislative Immunity Trumps Everything
By William Goren on
Today’s blog entry explores an issue that we have not discussed before. It is hard to believe that after 400+ blog entries over eight years that we could find a topic we haven’t discussed. However, that is the beauty of how comprehensive and all-encompassing the ADA is. Today’s case takes on the question of whether…
Fundamental Alteration, Undue Burden, Deliberate Indifference, Facially Neutral Policies, and the Title II entity
By William Goren on
Today’s blog entry comes to me courtesy of Richard Hunt, who in his blog will often do many briefs of several cases at once. He focuses on title III and the Fair Housing Act, especially from the defense side. However, he did mention our case of the day in one of his blogs, and I…
ADA’s Title I, Covid-19, and 21 Questions
By William Goren on
First, congratulations to the Tampa Bay Buccaneers for winning the Super Bowl Sunday. What an amazing record Tom Brady has developed over the years. Between the Rays, the Lightning, and the Buccaneers, Tampa Bay has become quite the sports town.
Turning to the blog entry of the day, last week I attended a webinar…
Integrated Employer and the Consequences for Failing to Engage in the Interactive Process
By William Goren on
Posted in ADA, Final Federal Regulations, General, Guidances, Rehabilitation Act, Title I, Title III
Before turning to the blog entry of the day, I should point out that OSHA last week, January 29, 2021, issued a guidance entitled, “Protecting Workers: Guidance on Mitigating and Preventing the Spread of Covid-19 in the Workplace.” It can be found here184185197198198204. Lots of good information in the guidance. Keep in mind, that…