The Blog of William D. Goren, J.D. LL.M.
This blog entry is divided into separate categories: introduction; the statutes; the case of the week; and takeaways. You probably will want to read all of it, but you still have the option to focus on any of the categories you like.
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Introduction
Recently, I ran across this article, in my Google alerts.…
Previously, I blogged on the oral argument in Earll v. eBay and Cullen v. Netflix. On March 19, 2015, the District Court in Vermont came down with this decision in National Federation of the Blind v. ScribD. That decision bears reviewing.
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Facts:
ScribD is a California-based digital library operating reading subscription services…
Yesterday, the United States Supreme Court heard oral argument (the transcript can be found here), in Sheehan v. City and County of San Francisco, which I discussed in this blog entry. I’ve got to admit that this argument did not go anyway along the lines that I thought it would and here is…
This week is a two fer. At 11 AM Eastern time, the United States Supreme Court will hear argument in Sheehan (my blog entry on that case can be found here). I promise that I will read the transcript of the argument and post my analysis this week.
This particular blog entry involves…
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Introduction
Sometimes a case can have a huge impact on the ADA universe even though it is not an ADA case at all. Gross v. FBL Financial Services 557 U.S. 167 (2009) is one such case and today’s case is another. As is my usual practice, the blog entry has been divided into several…
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Introduction
Let’s say that you have a client that is an independent contractor. The following day after disclosing that he or she has a disability, the independent contractor relationship is terminated. Where does this person turn for a remedy?
The first possibility is to show that the client was not an independent contractor at…
Previously, I have written on whether you can get compensatory and punitive damages in ADA retaliation claims. That particular blog entry despite its title was restricted to title I claims of the ADA. That is, claims arising from employment. But what about title II claims of the ADA. That is, a retaliation claim arising from…
First, a housekeeping matter. I will be away next week, and so the next blog you will see after this week, unless I somehow blog later in the week, will be two weeks from today. Recently, the constitutionality of the transvestism exclusion in the ADA has been in the news.
True or False:
1.…
When it comes to drugs and alcohol, those addicted to drugs and alcohol are not treated the same way as persons with other disabilities. For example, an employer has the right to evaluate an alcoholic employee or an employee addicted to drugs as if the disability didn’t exist. 42 U.S.C. § 12114(c)(4); EEOC interpretive guidance…