Previously, I have talked about how the EEOC if it wasn’t the EEOC would have committed legal malpractice in the case we talked about here. From going through my search engine, it doesn’t seem like I have talked about where the legal malpractice risks are with respect to the ADA. In going through my
Causation Under ADA and Rehabilitation Act and a Bonus: LGT Goes to Supreme Court
By William Goren on
Posted in General
Hope everyone had a happy Easter and, as in my case, a happy start to the Passover holiday. Today’s blog entry come from one of the blogs that is in my blog roll, Wait a Second. The case is Natofsky v. The City of New York decided on April 18, 2019 out of the Second…
National Association of the Deaf v. Harvard Redux
By William Goren on
Posted in General
In a previous blog entry, I discussed the case of the National Association of the Deaf v. Harvard University. That particular blog entry talked about the magistrate judge denying Harvard’s motion to dismiss. Subsequently, Harvard filed a motion for judgment on the pleadings. On March 28, 2019, the magistrate judge, Katherine Robertson, denied and…
Do’s and Don’ts of the Interactive Process
By William Goren on
Posted in General
My daughter is on break this week, and next week is going to be a little hectic. So, I had a moment to do a blog entry that is quite personal to me, but I think it’s very important for everyone. As everyone knows, I am deaf and function entirely in the hearing world with…
Gati and Lewis Appellate Decisions
By William Goren on
Posted in General
Baseball season is about to get up and running. Good luck on your team for this year. In my case: the Chicago Cubs are expected to be good; the Chicago White Sox not so good; and the Atlanta Braves, anybody’s guess. Also, hope everyone is having fun if not success with the NCAA tournament. Currently,…
Title III Religious Exemption Affirmative Defense
By William Goren on
Posted in General
I promised Jon Hyman of the Ohio Employer’s Law Blog that I would hold down the fort with respect to blogging while he and his family jetted off to Italy for vacation. So, here goes. Today’s case, Reed v. Columbia St. Mary’s Hospital, comes out of the Seventh Circuit, and was decided on February…
Dog in Apartments, Hostile Work Environment and the ADA, and Scared of Needles
By William Goren on
Posted in General
Today’s blog entry is a triple play. In the first, we will go over an advice column and discuss what they got wrong and what they got right. In the second and third situation, we will briefly discuss two cases that came down from the Second Circuit recently: dealing with hostile environment under the ADA…
Qualified Otherwise Qualified Means Factoring in Reasonable Accommodations
By William Goren on
Posted in General
Today’s blog entry returns us back to the world of employment law. One of the things that drives me crazy is that people, including judges, sometimes forget whether a person is qualified to do a particular job means assessing whether the individual can perform the essential functions of the job WITH or without reasonable accommodations.…
Thoughts on Accessibility of Universal Orlando
By William Goren on
Posted in General
My family just got back from spending last week at Universal Orlando. We had a great time. An excellent place to take a teenager. I thought I would offer some thoughts on the accessibility challenges I saw while I was there. Before proceeding with that, I absolutely strongly encourage anyone who goes to Universal Orlando…
Egregious Fitness for Duty Policy Leads to Class Action Certification
By William Goren on
Posted in General
Before getting started on our blog entry for the week, I want to let everyone know that next week my daughter’s school has a break, and we are off to Universal Orlando for the week. We are all big Harry Potter fans. So, with Monday being a holiday and my daughter being off with some…