This blog entry explores whether an association discrimination claim applies to title II of the ADA, the Rehabilitation Act, and, for that matter, the California Disabled Persons Act. As is my practice, the blog is divided into the facts, the issue, the court’s reasoning, and takeaways. Feel free to zero in on any and/or all
State Statutes
The ADA and Bar Examiners: Uphill Climb for Wannabe Attorneys with MH
By William Goren on
Does the Americans with Disabilities Act apply to bar examiners? If it were only that simple. Taking the approach with respect to entries that I’ve developed recently, part one discusses the facts of the case. Part two discusses the court’s reasoning and my responses. Finally, part three give the reader takeaways. The reader is free…
Breed restrictions R.I.P.?
By William Goren on
This is my 100th blog entry! Wow!! Many thanks to all of you!!!
Previously, I have had several entries dealing with service dogs. In the first, we talked about what was a service dog and what was not. In the second, we talked about the regulations of the Department of Justice on service dogs…
The perils of relying on a physical exam subsequent to a conditional job offer
By William Goren on
The ADA allows a physical exam to be made after a conditional job offer. That is, it is perfectly permissible under the ADA to offer a person a job conditionally subsequent to taking a physical. If the employer denies employment after the physical exam (i.e. takes back the conditional job offer), the employer must do…
Service Dogs Redux: the Texas approach
By William Goren on
Without exception, or maybe a rare one, every day my blog entry on service dogs and the Department of Justice regulations dealing with them with respect to title II and title III entities, gets at least one visit from someone. That blog entry deals with the federal approach to service dogs with respect to title…
All by myself (with apologies to Eric Carmen): to file suit under title III of the ADA, do you have to first exhaust administrative remedies?
By William Goren on
Title I of the Americans With Disabilities Act requires that a person seeking to file a claim for employment discrimination must first file a claim with the EEOC or a substantially equivalent state agency and receive a right to sue letter before proceeding in court. What if you wish to file a claim under title…
LSAT and Title III discrimination
By William Goren on
Posted in Constitutional law, Federal Cases, State Cases, State Statutes, Title I, Title II, Title III
Anybody that wants to go to law school must take the LSAT, law school admission test sponsored by the law school admission Council (LSAC) . The LSAT is a standardized test consisting of 100 multiple-choice questions ( Binno v. American Bar Association, 2012 WL 4513617, *1 (E.D. Mich. September 30, 2012)), divided into five…