This week’s blog entry discusses Justice Thomas with Justice Gorsuch joining concurring opinion in Ames v. Ohio Department of Youth Services, here. By now, you most likely know that the opinion for the Court written by Justice Jackson, holds that a higher standard of proof is not in order if you are from a
Title VII
You Don’t Have to Have a Disability to Get Backpay Under Title I of the ADA
By William Goren on
Congratulation to University of Connecticut for a tremendous win yesterday. Their coach now with a record 12 NCAA Division I titles. He already had most number of victories for a coach at the Division I level in basketball. Tonight, is the men’s final with Florida v. Houston.
Turning to the blog entry of the…
In a Batson Challenge, what Prosecutor Says is Everything or is It?
By William Goren on
Before getting started on the blog entry for the week, I did finish Over Ruled. What is clear from reading the book, is that Justice Gorsuch clearly believes that the administrative state had gotten too big and that sufficient guardrails for the administrative state do not exist. Also, from reading that book, it is pretty…
Hostile Environment Claims are Viable Under Both the Rehabilitation Act as well as the ADA
By William Goren on
Before getting started on the blog entry of the day, I will be out of town not this week, but the week after this week. So, I am not sure if I will get a blog entry up for the next week. I would have to do it next Sunday, but I will also be…
Muldrow Means the End of Requiring an Additional Adverse Action on Top of the Failure to Accommodate
By William Goren on
Today’s blog entry talks about a case that is not an ADA case at all. However, I do expect the case to have a huge impact on a particular area of ADA jurisprudence. As we know, such as discussed here, there has been considerable debate in the courts over whether failure to accommodate cases…
But For Causation and Motivating Factor are Two Different Things
By William Goren on
Posted in 504, ADA, Federal Cases, Rehabilitation Act, Title I, Title II, Title V, Title VI of Civil Rights Act, Title VII
I have been absolutely slammed this week, which is why I am so late in getting a blog entry up for the week. Before getting started on the blog entry for the day, I do want to mention that the Department of Justice has now issued a final rule on website accessibility involving Title II…
ADA Disparate Impact Claims
By William Goren on
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…
Convincing Mosaic as a Standard for Deciding Summary Judgment Motions Arrives
By William Goren on
Posted in 1983, 501, ADA, Federal Cases, Rehabilitation Act, State Cases, Title I, Title IV, Title IX, Title VI of Civil Rights Act, Title VII
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…
Muldrow Oral Argument
By William Goren on
On December 6, 2023, the United States Supreme Court heard oral argument in the case of Muldrow v. City of St. Louis. It isn’t actually an ADA case at all but rather a title VII case. Depending on how the decision ultimately comes down, it could have implications for a question that we have been…
Does Title I of the ADA Apply When the Plaintiff is no Longer Qualified/Otherwise Qualified?
By William Goren on
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?…