This week’s topic came to my attention from Don Davis of the Noble law firm. The question is just what is the trier of fact supposed to determine when it comes to the “affirmative defense,” of direct threat? As is my usual, the blog entry is divided into several categories: history of direct threat; facts;
EEOC v. Abercrombie and Fitch stores Inc.: How does it Apply to the ADA?
By William Goren on
My schedule has been topsy-turvy lately. That is why you are seeing posting of the blog on different days than typical. I am also going out of town over the weekend and be back early in the week, and so my next blog will also be later in the week. The weekend after next, I…
Suing a state court system: Shooting down the Defenses
By William Goren on
This posting is later than my usual Monday. However, Monday was Memorial Day and then I had family in.
In a previous blog entry of mine, I discussed how suing a state court system can be done but that it is very complicated. This case discusses the myriad of defenses that arise in such…
City and County of San Francisco, California v. Sheehan Decided
By William Goren on
Previously, I have blogged on the Sheehan case and its oral argument before the United States Supreme Court. Yesterday, the United States Supreme Court came down with the decision in this case, which can be found here:
As expected, they decided with respect to the ADA matter, that the writ of certiorari had been…
Iqbal/Twombly Pushback and When Might All of Operations of a Private Entity Have To Comply with the Rehabilitation Act
By William Goren on
Today’s case is a two fer. We explore two questions. First, if a complaint as originally drafted does not meet Iqbal/Twombly standards, whatever that is:-), does the plaintiff get the right to amend? Second, just what must be alleged in order to survive a motion to dismiss with respect to alleging that a private entity’s…
ADA, Sovereign Immunity, and the County Jail
By William Goren on
I
Introduction
One of the most complicated topics around is the doctrine of sovereign immunity, which comes from England and says that the King cannot be sued without his consent. We have carried over this doctrine into our 11th amendment to the U.S. Constitution. As we have discussed previously numerous times, there are situations where…
Does Title II of the ADA Apply to Employment? Two Views
By William Goren on
This week when I was looking for a case to blog about I came across the case of Torres v. Junto De Gobierno De Servicio De Emergencia, where on April 28, 2015 United States District Court for the District of Puerto Rico denied a motion to reconsider. In the original opinion and order, they…
National Federation of the Blind v. Uber Technologies
By William Goren on
Today’s case is National Federation of the Blind of California v. Uber Technologies, Inc.. This case is receiving quite a bit of press, but I thought I would offer my own take on it. As is typical for my blog entries, I have divided the blog into categories: facts; issues; holdings; court’s reasoning; and…
Workforce Innovation and Opportunity Act Regulations: The New World
By William Goren on
Posted in ADA, Proposed Federal Regulations
This blog is about understanding the ADA. That said, there are so many places that bounce into the ADA that sometimes I wonder if it is not more apt, at times, to say it is about understanding the ADA and related laws. This is one of those situations where I’m going to talk about a…
Telecommuting as a reasonable accommodation: EEOC v. Ford Motor Company en banc Decision
By William Goren on
In a comment to this blog entry, I discussed the panel decision of the Sixth Circuit in EEOC v. Ford Motor Company where the panel held that telecommuting was a reasonable accommodation. Before proceeding further, I want to thank Jon Hyman for alerting me through his blog that the en banc decision came down…