Before moving to Atlanta (as a result of my wife getting a job here), and devoting myself full-time to my practice of understanding the ADA, I taught people how to be paralegals in higher education for 12 years. The last four of which I ran an ABA approved paralegal program and was the ADA instructional
Americans with Disabilities Act
Refusing to Take Funds for Discriminatory Reasons as a Violation of the ADA
By William Goren on
Today’s case, Aguirre v. California School of Court Reporting-Riverside, 2016 U.S. Dist. LEXIS 167980 (C.D. Cal. December 2, 2016), comes from a publication that I subscribe to call Disability Compliance for Higher Education. It is an excellent publication geared towards the professionals that serve people with disabilities in higher education. It also will…
Honest Belief Rule
By William Goren on
Today’s case, to DeWitt v. Southwestern Bell Telephone Company deals with the honest belief rule. This rule allows an employer to justify a termination if it honestly believes its reason for doing so was valid regardless of whether it actually was. As is usual, the blog entry is divided into categories: facts; court’s reasoning; and…
Burden of Proof When Remediation at Issue
By William Goren on
Until last week, several of my blog entries before that, with the exception of the year ender blog entry, where all employment law focused. While I would say up to 40% of my blog entries, probably more likely a third, deal with employment issues, it isn’t accurate to say that my practice focuses exclusively on…
The List of 2015 Most Visited Understanding the ADA blog entries
First off, I hope for those who celebrate Hanukkah that it was a festive and happy one. For those who have Christmas and other holidays upcoming, good luck on your shopping and have a great holiday! When you need a break from the holiday mishigas (Yiddish for craziness), the latest employment Law blog carnival is…
Essential job functions, Big Time College Football and Alcoholism
By William Goren on
Just about everyone on the Internet and in the blogosphere is talking about the filing of Coach Sarkisian’s disability discrimination lawsuit against University of Southern California. All kinds of folks have blogged on it already. Normally, since all kinds of folks have blogged on it, many doing it quite well, I would refrain from commenting.…
Can Prisons Do what They Want with Respect to Discrimination against Persons with Disabilities in Their Prison Jobs?
By William Goren on
In a previous blog entry, I discussed the case of Holmes v. Godinez. In that decision, which involved a class action brought on behalf of deaf inmates, the U.S. District Court for the Eastern District of Illinois said:
While it is true that typical ADA claims regarding employment must be brought under title…
What’s Wrong with This Job Description? Let Me Count the Ways
By William Goren on
Hope everyone had a great Thanksgiving! This post is a momentous one so to speak. It is my 200th blog entry (about four years). There is absolutely no way I could have done this without the loyal readers of this blog. Thank you so much!!!!!!! As much as I love to write, writing a blog…
A shot across the bow to judges and court systems
By William Goren on
I know as a blogger, readers come to expect a regular post every week and on a certain day. In my case, everyone knows that I put up a blog on Mondays, sometime Tuesdays, as is the case today. Rarely, it is later in the week. Obviously, I missed last week. I hadn’t intended it…
ADA and Class Actions; Not Impossible (Prisons)
By William Goren on
Posted in ADA, Constitutional law, Federal Cases, Final Federal Regulations, Title I, Title II, Title IV
Previously, I have written on whether class actions are possible with respect to ADA claims considering how ADA claims are inherently focused on individual analysis. From reading the case law on a regular basis, I am seeing class actions being allowed with respect to Olmstead claims. Outside of that, it tends to be hit or…