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
Americans with Disabilities Act
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…
Reassignment revisited
By William Goren on
Posted in Federal Cases, Title I
In a prior blog entry, I discussed how the issue of reassignment when an otherwise qualified person with a disability can no longer do the job would eventually be headed to the Supreme Court. However, that entry did not address the question as to how you go about proving up, i.e. making a prima…
Preventive law systems a must: title II and voting booths
By William Goren on
The axiom of preventive law is that we live in such a litigious society that you can’t prevent a lawsuit. However, you can take steps where if you get sued you can win that lawsuit. A case that illustrates as to what happens when you do not have preventive law systems is United Spinal Association…
Defending essential functions
By William Goren on
I recently relocated my office. Therefore, that is why you haven’t seen an entry in a little bit. I am now settled in and will get back to regular blogging. Thank you for bearing with me.
With the amendments to the Americans with Disabilities Act, litigation will now shift from whether a person has 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…
New York City taxi licensing regulations redux
By William Goren on
I previously blogged (if you want to read this particular blog entry in context, you will find the original blog entry plus what appears here at that link), about a decision whereby a District Court throughout the New York City regulations with respect to the number of accessible taxis that are required in violation of…
Must the Internet be accessible to comply with the Americans with Disabilities Act?
By William Goren on
Posted in Federal Cases, Title III
I have written over the years several times about the Internet and whether it needs to be accessible to persons with disabilities. That discussion appears in my book. I also wrote an article on whether colleges and universities home pages need to be accessible to people with disabilities. Finally, I wrote an article on…