Title III of the ADA requires that any new buildings, after 1992, be built in accordance with strict architectural guidelines that mandate accessibility for persons with disabilities. Also, any renovations to buildings, whether the building is built before 1992 or otherwise must be made in a way so that the renovations are accessible to persons
Title III: it may be cheaper to fix it
By William Goren on
Posted in Final Federal Regulations, Title III
Under title III of the Americans with Disabilities Act, the only remedy the plaintiff can get is injunctive relief and attorneys fees. The court may also fine violators up to $50,000 for a first violation and up to $110,000 for each subsequent violation. Attorney fees are only available if the person prevails. What does it…
Sovereign immunity principles outside of sovereign immunity claims and the importance of self-evaluation and transition plans
By William Goren on
In a previous blog entry, I talked about the principle of sovereign immunity as it applies to persons with disabilities. As mentioned in that blog entry, a state, including an arm of the state, is not going to be forced to waive its sovereign immunity with respect to disability discrimination in employment matters.…
Sovereign immunity and persons with disabilities
By William Goren on
Sovereign immunity is enormously complicated. What it is, is a principle from which the founding fathers took from England that says a sovereign cannot be sued for damages without its consent. This principal goes way back, and also can be found in the 11th amendment to the United States Constitution. The language of the 11th…
Lessons learned
By William Goren on
Some cases are excellent for providing a roadmap on what to do, other cases are good for getting new lessons so that you can take preventive steps to not run down that path. The particular case here is one of the latter. In Peters v. University of Cincinnati College of Medicine, 2012 WL 3878601…
Is reassignment mandatory revisited
By William Goren on
Posted in Title I
In a prior blog entry, I discussed a case where the Seventh Circuit was faced with the question as to whether the ADA mandated reassignment or whether competitive bidding would suffice in order to comply with the ADA. That particular case, as discussed previously in this blog, held that prior Seventh Circuit precedent…
The ADA doesn’t reach everywhere
By William Goren on
Posted in Title III
The ADA is an extremely complex and comprehensive law. The temptation is to think that the ADA applies whenever a person with disability has their rights arguably infringed. However, that just isn’t the case. The situation may be governed by other laws. For example, if a person has an individual education plan, the law that…
How might you know when more leave is a reasonable accommodation once FMLA leave has been used up?
By William Goren on
Posted in Federal Cases, Title I
There are several laws out there that intersect with the Americans with Disabilities Act. One of them is the Family and Medical Leave Act (FMLA). That law intersects with the Americans with Disabilities Act in a variety of ways. I am not going to explore all of those ways in this entry. What I do…
Can you be subject to title II and title III at the same time?
By William Goren on
I love to follow sports. Accordingly, over the years, I have found a way to combine my interest in sports with the Americans with Disabilities Act. As far back as the first edition of my book, which is now in its third edition and I am working on the fourth, I have always had a…
Olmstead evolves
By William Goren on
In Olmstead v. L.C., 527 U.S. 581 (1999), United States Supreme Court held that it violated the Americans with Disabilities Act for for a State to have a system that did not allow persons with mental illness to be treated in the community. Since that time, the United States government has been very aggressive…