The Blog of William D. Goren, J.D. LL.M.
I hope everyone had a happy holiday weekend. In many places around the world, today is also a holiday as it is Easter Monday.
On April 7, 2023, the Seventh Circuit came down with a decision discussing the de minimis rule when it comes to accommodating an employee’s religious needs. I got to thinking…
Today’s blog entry is Short v. City of Rochester, which can be found here. In this case, a young black man with mental illness was killed by the police. His family sues for violation of the ADA, the Rehabilitation Act, and under §1983. The City of Rochester moved to dismiss all claims. For the…
Today’s blog entry is a case from the Eastern District of New York, Martinez v. Gutsy LLC, here, which makes the case for why standalone websites can be a place of public accommodation providing that site is functioning for one of the purposes laid out in 42 U.S.C. §12181(7).
Once again, a person…
In numerous blog entries, we have talked about how magic words are not required. We have also talked about staying away from requests for excessive documentation. The question is how do the two work together. A published decision from the 11th Circuit decided on November 9, 2022, Owens v. State Of Georgia, Gov.’s Office…
Today’s blog entry discusses two different concepts. The first concept it discusses is what just does “transitory and minor,” mean for purposes of the regarded as exception and for purposes of what I mean when I keep talking about it as a great preventive law approach to deciding when a temporary disability might be protected…
Today’s blog entry is a two for one, both dealing in the failure to accommodate space broadly speaking. The first case is Humphrey v. Memorial Hospitals Association, 239 F.3d 1128 (9th Cir. 2001). That case considers the question of whether conduct related to a disability has to be evaluated differently with respect to the…
Today’s blog entry deals with the question of what happens when you have an individual with a progressive disability who becomes aware of inaccessibility of a public entity’s facilities. When he becomes aware of inaccessibility issues by the public entity, he files suit but then withdraws it because the accessibility issues are not a problem…
Today’s blog entry comes from the title III blog put out by Seyfarth Shaw, which you can find in my blogroll. As always, Minh Vu does an excellent job with the case. However, as readers of this blog know, I will blog on cases discussed by others if I think I have a different perspective…
Before getting started on the blog entry of the week, the Atlanta Braves are world champions!! Our local school district is not going to have school tomorrow. It was senior skip day and the Atlanta Braves parade is tomorrow. So, the decision not to have school makes perfect sense. The community we live in is…
Today’s blog entry deals with two questions when it comes to regarded as claims. First, just what does a person have to show to qualify for a regarded as claim? Second, for the transitory and minor exception to apply, must that be a situation where the illness is both transitory AND minor? As we will…