The Blog of William D. Goren, J.D. LL.M.
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Intro and Facts
When I was trying to figure out what to write on this week, one of the cases that I came across involved Barbara Walters (Walters v. Cowpet Bay West Condominium Association, 2015 U.S. Dist. LEXIS 13 (D. Virgin Islands, January 2, 2015)). Really, no kidding! Except, it is not THE Barbara…
Happy new year everyone!
Hope everybody had a happy and safe new year. Back to it!
Today’s case is Sherman v. County of Suffolk, 2014 U.S. Dist. LEXIS 177780 (E.D. NY December 29, 2014). The case talks about numerous issues: causation under title I and title V of the ADA; adverse action under title…
I want to wish everyone a happy holiday, whether it be Hanukkah or Christmas or another holiday being celebrated this season. In keeping with the international spirit of the season, I thought I would focus this blog entry on international law.
Starting in the first edition of my book and continuing in all the subsequent…
Does the ADA encompass a hostile work environment claim? (I have mentioned hostile environment before but that was in the context of the Office of Civil Rights and education). According to the Northern District of Oklahoma in Callahan v. Communication Graphics, 2014 U.S. Dist. LEXIS 172148 (N.D. Okla. December 12, 2014), the answer…
Previously, I have blogged that with respect to title II, the critical question is whether a person has meaningful access to the services, programs, activities of the public entity. This week’s case, Medina v. City of Cape Coral (an unpublished decision), , 2014 U.S. Dist. LEXIS 168680 (M.D. Fla. December 5, 2014), stands for the…
It has been awhile since the United States Supreme Court dealt with an ADA question. A fact I am happy with as predicting what the United States Supreme Court does with an ADA question is impossible since the ADA does not break down along traditional liberal conservative lines.
This particular blog entry focuses on a…
I’m not a big fan of guidances for several reasons: I find that lawyers rely on them as a crutch unnecessarily in many cases; the guidances oftentimes push an agenda and are not based on case law or regulations; as guidances they are not regulations and so therefore are subject to being ignored by the…
In one of my most popular blog entries, ADA compliance auditing: higher education version, I mention technical standards in a comment to that entry. Many training programs as a condition of accreditation have developed technical standards that people in the program must meet in order to get into the program and stay into the…
This particular blog entry deals with three different topics all contained within the same case. The case is Powell v. Valdosta City School District, 2014 U.S. Dist. LEXIS 157158 (M.D. GA November 6, 2014). As is my usual, I have divided the blog entries into categories: facts, issues, holdings, court’s reasoning, and takeaways. The…
In a previous blog entry, I discussed how a company could do an excellent job of defending litigation over what are essential functions of the job. This particular blog entry deals with the opposite scenario, where the company does not do a very good job at all of accomplishing that task. The case is…