One of the confusing issues out there is the difference between a service dog, emotional support animal, and a therapy dog and why it matters. 28 C.F.R. § 35.104 and 28 C.F.R. § 36.104 (the sections of the federal regulation that apply to service animals for public entities and for places of public accommodations respectively),
Americans with Disabilities Act
ADA and the Applicable Statute of Limitations
By William Goren on
The whole idea of the statute of limitations is to prevent stale claims. Just about everything has a statute of limitations (the only two exceptions that I can think of our claims arising under USERRA and capital murder claims). The ADA does have statute of limitations to deal with, though it is not stated in…
Bringing sanity to mixed motive jury instructions
By William Goren on
In this blog, I’ve written about mixed motive jury instruction twice. In the first entry, we explored whether mixed motive jury instructions with respect to the ADA were even possible after Gross v. FBL Financial. In the second, we explored whether where there is more than one cause of action to be…
McDonnell-Douglass and the ADA; An Imperfect fit
By William Goren on
In employment discrimination cases, there are two kinds of cases (those involving direct evidence and those involving indirect evidence). Direct evidence cases are the proverbial smoking gun. That is, the plaintiff has explicit evidence that discrimination occurred. However, in most situations, it is difficult if not impossible to find direct evidence, rather things taken together…
Getting to first base: what you need to show standing in title II or title III cases
By William Goren on
In our system, the judiciary, in general, does not render advisory opinions . There are a couple of exceptions. Some states have a system, such as Massachusetts, whereby a legislature can request an advisory opinion from their Supreme Court with respect to the constitutionality of proposed legislation. A couple of other instances look like advisory…
Air Carrier Access Act revisited: just what is preempted?
By William Goren on
Previously, I have written two different blog entries dealing with the Air Carrier Access Act. In the first, I talked about whether a private cause of action existed. In the second, I talked about whether the Air Carrier Access Act regulations being so pervasive preempted state laws. This entry concerns a slightly different issue.…
If you waive one law, do you waive others? Intersection of IDEA, § 504, and the ADA
By William Goren on
In the kindergarten through grade 12 context, for students with disabilities, there are actually three laws to be aware of. Those laws are the Individual with Disabilities in Education Act (IDEA), § 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). IDEA is a law that demands a student with a disability…
Before doing a postemployment medical exam, do you need reasonable suspicion, probable cause, good cause, none of the above?
By William Goren on
Posted in Federal Cases, Title I
The ADA requires that an entity subject to the act cannot require a medical examination and cannot make inquiries of an employee as to whether that employee is an individual with a disability or as to the nature of the severity of the employee’s disability unless that examination or inquiry is job-related and consistent with…
Since ADA is a nondelegable duty, does that mean indemnity is dead?
By William Goren on
In a previous blog post, I wrote about a case involving a major resort in Las Vegas Nevada that hired somebody to help ensure that its resort modifications were in compliance with the Americans with Disabilities Act. When it turned out that those modifications were not in accordance with the ADA and the resort…
What do you have to show to get damages under title II of the ADA?
By William Goren on
With respect to title II of the ADA, and title I for that matter as well, the only way you can get damages is to show intentional discrimination. With respect to suing a governmental entity for violations of title II, what exactly is it that you have to show to get damages? A recent Rehabilitation…