This week’s blog entry focuses on what happens if assuming for the sake of argument, renovations are not readily achievable at a place of public accommodation, whether that ends the analysis. The answer is no. The case also discusses just how the burden of proof works with respect to claiming that an accommodation is readily
§309 Contains a Fundamental Alteration Defense
I hope everyone had a happy Passover and a happy Easter. For those who are Roman Catholic, my condolences on the passing of the Pope.
Today’s blog entry concerns §309 of the ADA. It asks the question of whether fundamental alteration applies in §309 cases. The case of the day is Albert v. Association
Surprise Surprise: Service Dogs in Training Are Covered by the ADA
I hope everyone is surviving their March madness pool, if you are participating in one. So far, I am doing okay in the pools I am in. Best of luck to everyone.
Today’s blog entry explores what role does the ADA play with respect to
District Court in Minnesota Makes the Case for Why Internet Sites are Places of Public Accommodations
Today’s blog entry comes from Minnesota. It was actually sent to me by the plaintiff’s attorney on the case. It has also been blogged on already by others, but I wanted to offer my own perspective. The case of the day is Frost v. Lion Brand Yarn Company, here, decided by the United States
Upcoming Oral Argument Before the Supreme Court in Stanley
I wanted to tell everyone that my thoughts are with you with respect to weather-related disasters. California struggling terribly with the fires. The South got hit with winter storms. We had 4 inches of snow in Atlanta. Fortunately, it should all be gone by later this afternoon. Again, my thoughts are with everybody.
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How a Business Should NOT Go About Accommodating a Person with a Disability
This week’s blog entry is a how to for what NOT to do if you are a business faced with an accommodation request. The case of the day is Patterson v. Six Flags Theme Parks, Inc., here, decided on November 15, 2024, in the United States District Court for the Eastern District of California.
Interactive Process, Retaliation, and Interference in Title III
I hope everyone that celebrated had a good new year season. Wishing all of those a happy new year. In other news, early election voting is underway in many states. My family voted yesterday. Be sure to vote for the candidate of your choice.
Today’s blog entry returns to a long-standing interest of mine.
Muldrow Means the End of Requiring an Additional Adverse Action on Top of the Failure to Accommodate
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
Does Title I of the ADA Apply When the Plaintiff is no Longer Qualified/Otherwise Qualified?
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?
Eligibility Criteria, Direct Threat, and the Necessity Exception
It has been a while since I blogged on the ADA with respect to amusement parks. On July 7, 2023, the 11th Circuit in a published decision came down with a case discussing the ADA with respect to amusement parks. Among the topics discussed are the screen out provisions and direct threat. The case