Today’s case discusses the issue of just when is an arrest out of compliance with the ADA. There is also a nice little bonus of qualified immunity as well. The case is Trujillo v. Rio Arriba County ex rel. Rio Arriba County Sheriff’s Department, 2016 U.S. Dist. LEXIS 96797 (D. N.M. June 15, 2016).
Just What Is a Service Establishment Anyway?
By William Goren on
Just what is a service establishment under title III of the ADA? A published case from the 10th Circuit that came down on July 12, 2016, Levorsen v. Octapharma Plasma, Inc., deals with this question. As is usual, the blog entry is divided into categories: facts, 42 U.S.C. § 12181(7)(F); majority reasoning; reasoning…
Addiction/Perceived Addiction in the Workplace; the View from the Sixth Circuit
By William Goren on
Today’s case is a case out of the Sixth Circuit, Ferrari v. Ford Motor Company, decided June 23, 2016. It deals with the issue of what happens when an employer perceives an opioid addiction. As is typical, my blog entry is divided into categories: facts; court’s reasoning; and takeaways. The reader is free to…
ADA and ADA Related Cases at the Supreme Court: Where They Have Been and What Is Next
By William Goren on
Did you know that persons with disabilities are undefeated at the Supreme Court when it comes to title II and title III matters? It’s true.
Let us explore the ADA and ADA related cases that have been before the United States Supreme Court since the ADA went into effect. If I have this figured right,…
Fisher II and Its Impact on Affirmative-Action Programs for Persons with Disabilities
By William Goren on
I am a member of the Society for Human Resources Management. The manager of workplace law content for the Society for Human Resources Management is a gentleman named Allen Smith, J.D. He wrote an excellent article a few days ago discussing Fisher II, the affirmative action case in academia just decided by the United States…
Side Effects of Medication, Bad Conduct and ADA Protection
By William Goren on
It has been awhile, almost 3 years, since I visited the issue of bad conduct v. having a disability. This particular case explores what happens when the side effects of medication leads to bad conduct and the person is terminated. The case is Capporicci v. Chipotle Mexican Grill, Inc., 2016 U.S. Dist. LEXIS…
ADA and Landlord-Tenant obligations
By William Goren on
Just what are the obligations of landlord and tenant with respect to ADA compliance? Does it matter if an architectural issue is involved or if it is an issue involving practices, policies, and procedures?
Our case of the day that answers this question is Supancic v. Turner, 2016 Cal. App. LEXIS 4235 (Cal. App.…
ADA/Rehabilitation Act Applies to Externship, Internship, and Practicum Sites
By William Goren on
I am back from a week of doing the family thing in Chicago. Of course, I need a vacation. That said, nothing like relaxing by putting up a new blog entry. That said, for reasons I don’t know when I pasted the entry from word into the appropriate box in word press (word press is…
EEOC Final Rule on Interaction of ADA with Wellness Plans
By William Goren on
Today’s blog entry continues my string of weeks where I have not been dissecting cases. I had a case all lined up for this week and was excited about getting back to my dissection. However, yesterday, the EEOC decided to issue final rules detailing how wellness programs relate to the ADA. Those rules can be…
EEOC Publication Employer-Provided Leave and the ADA
By William Goren on
You may be asking why didn’t I blog yesterday or so far this week. The answer is I actually spent two hours trying to put a blog together yesterday. The blog was going to cover the Department of Justice Accessibility of Web Information and Services of State and Local Government Entities Supplemental Amended Notice of…