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
29 U.S.C. §794
Legislative Immunity Does NOT Trump Everything
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…
ADA’s Title I, Covid-19, and 21 Questions
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…
Vicarious Exhaustion, §504 statute of limitations, Failure to Accommodate, Otherwise Qualified, and Reassignment all Wrapped up Together in One Case
Today’s blog entry deals with a topic I have not dealt with before and with topics that I have dealt with before. The topic that I have not dealt with before in my eight years of blogging on the Understanding the ADA is the concept of vicarious exhaustion. There are topics that I have dealt…
But For Causation is not Sole Causation and Other Matters: the Supreme Court LGBT Decisions
This week the Supreme Court came down with the decisions in the LGBT cases, which I previously discussed here. The decision will have an absolute huge impact on people with disabilities in both positive and possibly negative ways. Before moving onto the decision, I do want to say that my wife and I and…
Just Because §1981 Causation is But For Causation, that Does NOT mean ADA causation is But For
This week’s blog entry is an update on a previous blog entry and a discussion of the recent Supreme Court decision in Comcast, which involves the causation standard for §1981. Of course, what we are interested in is whether Comcast necessarily means the Supreme Court will decide but for causation is the standard for ADA…
Indian Tribe Sovereign Immunity and the ADA
Today’s blog entry takes on the question of what happens if a person with a disability decides they want to have a fun time at an Indian owned casino. However, the Indian owned casino does not accommodate their disability. Can the person with the disability go after the Indian owned casino?
The case of…
DOJ can enforce title II of the ADA for now
Next week, my daughter is on break. She has one of those schedules where they are on for six weeks and then off for one week. They do get two weeks for winter vacation. So, since my schedule is likely to be all over the place next week, I thought I would do another blog…
Repeated Violations Doctrine
This is a situation I see all the time. Let’s say you are at a university. A student goes to disability services, gets an accommodation plan, even gives it to the teacher. The teacher resists. The student may or may not try to fix it until later in the semester figuring that something will develop.…
Causation Under ADA and Rehabilitation Act and a Bonus: LGT Goes to Supreme Court
Hope everyone had a happy Easter and, as in my case, a happy start to the Passover holiday. Today’s blog entry come from one of the blogs that is in my blog roll, Wait a Second. The case is Natofsky v. The City of New York decided on April 18, 2019 out of the Second…