I hope everyone had fun with the Super Bowl yesterday. It was the lowest scoring Super Bowl by five points in the history of all Super Bowl’s. It beat the record set by the Miami Dolphins when they beat the Washington Redskins in 1972 to go undefeated. What is particularly mind-boggling is that the rules
Title III of the ADA Applies to Internship and Externship Sites
Before proceeding with today’s blog entry, I do want to express my wishes that everyone be safe with the terribly cold weather around the country today. My native city of Chicago is brutally cold today. Be safe and stay warm!
Previously, I have talked about internship and externship sites being subject to the ADA here…
Standing in Cyberspace and Other Issues
Ministerial Exception
One of the more fascinating areas of law, is the issue arising when a parochial school claims that an educator is a minister. We discussed that issue way back in 2012 in this blog entry. While the Supreme Court there said that a minister was involved, it couldn’t figure out the standard to use.…
Federal Aviation Administration Reauthorization Act and Separate but Equal will not Fly with the Department of Transportation
First off, I want to wish everyone a happy new year! Hope everyone had a happy and safe new year. Back to the grind for all of us and back to school for our kids. Before moving on to the blog entry of the week, a lot has happened over the last two weeks. The…
Understanding the ADA Greatest Hits of 2018
As promised, this week I am putting up the 2018 understanding the ADA greatest hits blog entry. It was a great year for the blog making the ABA 100 for the fifth year in a row. Simply wouldn’t do this and couldn’t do this without the great readers here. The only thing I will say…
Does a Failure to Accommodate Claim Require an Adverse Action?
Today’s blog entry will be the last substantive blog entry of the year. Next week, is the annual Understanding the ADA greatest hits for 2018. This week’s case deals with the question of what happens when you have both a failure to accommodate and a lack of adverse action. Is the plaintiff out of luck?…
Another Arrow in the Bag for Plaintiffs when it Comes to Disability Discrimination by Governmental Entities
Before getting started on the blog of the week, I want to express my condolences to the Bush family on the passing of George H.W. Bush. He signed the Americans With Disabilities Act on June 26 of 1990. His son also has a powerful legacy in that regards as he signed the ADAAA. Simply put,…
Deaf Rights Game Changer Blowback: Silva Severely Narrowed by a Court Within Seventh Circuit
Hope everyone had a great Thanksgiving. As many of you know by now if you are following me on LinkedIn, my blog was selected for inclusion in the ABA web 100 for 2018. This makes five years in a row for me. Since podcasts and twitter are part of the calculus now, the blog…
Appellate Decision for Whose Program is It
In February of this year, I blogged on the topic of what happens when it is unclear whose program is involved with respect to activities of a place of education. It’s a question that comes up from time to time and is very complicated. For those representing educational institutions, it is an important one.…

