In the last quarter, my most popular blog entry was the one dealing with ADA Compliance Auditing: Higher Education Version, and so I thought I would turn to education again. In this particular blog entry, the United States Department of Education Office for Civil Rights issued a Dear Colleague letter on October 21, 2014
Americans with Disabilities Act
Belton v. Georgia settles with a consent decree
By William Goren on
In a previous blog entry entitled help-wanted ASL practitioners, I discussed the case of Belton v. Georgia. On October 3, 2014 that case settled with a consent decree. I thought it would be helpful to cover some of the salient points of the consent decree. They are as follows:
Definitional Terms:
1. A deaf…
Does title II apply even when there are no architectural accessibility standards?
By William Goren on
The bloggosphere reports that the City of Lomita California has asked the full Ninth Circuit to rehear the ruling in this case. As is traditional with me, the blog entry is divided into parts: facts, court’s reasoning, and chances en banc/takeaways. The reader is free to focus on any or all of the parts.
I…
A twofer: magic words and whether a battle is worth fighting (Title I and Title III)
By William Goren on
This week’s blog entry is a twofer. In the first case, we will discuss whether magic words are necessary for getting a reasonable accommodation. In the second case, we will discuss what I believe is the long-term folly of not going the extra mile when it comes to making a place of public accommodation accessible.…
Just because infertility is a disability doesn’t mean the treatment for it is protected by the ADA
By William Goren on
Robin Shea, the blogger of one of the blogs in my blogroll, talked about the case for this week in a recent blog of hers. The case is Herx v. Diocese of Fort Wayne South Bend. Robin’s perspective is always great and fun to read, but I wanted to offer my own perspective as…
Police liability for not knowing or ignoring the ADA
By William Goren on
In a comment to a previous blog entry, I discussed the case of Gipson v. Popeye’s Chicken and Biscuits. In that case, the Northern District of Georgia said that considering what police have to do, it wasn’t right to impose ADA liability on the police since the police are not lawyers and have…
Medical inquiries, medical exams, disability related inquiries, job relatedness, and consistent with business necessity
By William Goren on
I
Overview
The ADA has a whole scheme that deals with medical inquiries/exams/ disability related inquiries. Basically, the way it works is this:
1. Preemployment medical inquiries/ exams are prohibited. However, nothing wrong with asking whether a person can do what would be an essential function of the job. That said, if you are going…
Why the majority and dissenting opinion in the Ninth Circuit case of Weaving v. City of Hillsboro both got it wrong
By William Goren on
I first found out about this case- Weaving v. City of Hillsboro, a published decision from the Ninth Circuit decided August 15, 2014- from reading Jon Hyman’s excellent blog entry on it, which can be found here.
Jon does an excellent job of describing the facts of the case and I quote from…
Can You Get Compensatory and Punitive Damages in ADA Retaliation Claims
By William Goren on
Your client asked for reasonable accommodations/modifications and was retaliated against for doing so. Let’s assume that the retaliation is fairly obvious. The question becomes when you file a retaliation claim are you going to be able to get compensatory and punitive damages? Might it depend upon the title or law that you are suing under?…
Good faith interactive process
By William Goren on
I
What is a good faith interactive process?
The ADA requires an interactive process whenever a person with a disability gives the employer, governmental entity, or business notice (broadly defined), that they are in need of reasonable accommodations/modifications as a result of a disability. What would a good faith interactive process look like in the…