When the Federal Bar Association national convention was held in Kansas City Missouri, I was part of a panel that explored outside the box uses of the ADA. One of the panelist, Jamie Strawbridge, talked about how the ADA/504 can be an alterative to excessive force §1983 cases. The case of the week explores exactly
Bostock v. Clayton County Georgia
The Equal Protection Classification of Transgender Individuals and its Implications for the ADA Going Forward
By William Goren on
As everyone knows, I normally don’t blog more than once a week but there are exceptions. I had a bit of time this morning and this is a very short blog entry, so I decided to do a blog entry more than once this week. I am not at all sure about my schedule for…
Employers and PHP’s are Subject to Disability Discrimination Laws
By William Goren on
I hope everyone had a great Memorial Day weekend.
As I have mentioned previously, the last few years have found me increasingly involved in the area of working with counsel representing healthcare professionals who are being forced out of the profession because of their disability. Part of that process includes people being put into…
What an Employer Should Not Do When Faced With an Employee’s Request to Use a Service Animal at Work
By William Goren on
Before getting started on the blog entry of the week, my daughter will be coming home for spring break this coming Friday. Her break is a week, so it may not be possible to do a blog entry next week. Also, good luck on your men and women in NCAA tourney brackets. Drake University men…
Interactive Process is a Continuing Obligation and Just What is an Adverse Action
By William Goren on
(Decision immediately above in adobe format for this week’s blog entry)
Gavina v. Amazon.com-Word version
(word version of case immediately above)
I hope everyone is having a great holiday season. The way it looks for me is I believe I’m going to get two blog entries up this week and then…
In a Batson Challenge, what Prosecutor Says is Everything or is It?
By William Goren on
Before getting started on the blog entry for the week, I did finish Over Ruled. What is clear from reading the book, is that Justice Gorsuch clearly believes that the administrative state had gotten too big and that sufficient guardrails for the administrative state do not exist. Also, from reading that book, it is pretty…
HHS Final §504 Regulations
By William Goren on
As I anticipated, it was not possible for me to get a blog entry up last week with all the traveling I was doing. However, I am back now. Recently, HHS came out with their final 504 regulations, which we previously blogged on the proposed regulations here. There were a few changes that are…
But For Causation and Motivating Factor are Two Different Things
By William Goren on
Posted in 504, ADA, Federal Cases, Rehabilitation Act, Title I, Title II, Title V, Title VI of Civil Rights Act, Title VII
I have been absolutely slammed this week, which is why I am so late in getting a blog entry up for the week. Before getting started on the blog entry for the day, I do want to mention that the Department of Justice has now issued a final rule on website accessibility involving Title II…
Murray v. UBS Securities and its Possible Impact Upon ADA Jurisprudence
By William Goren on
The blog entry for the week is actually not an ADA case at all but it may have a substantial impact on the ADA universe. The case of the day is Murray v. UBS securities, LLC, a unanimous decision written by Justice Sotomayor, from the Supreme Court decided on February 8, 2024, here. It…
Health and Human Services Updated §504 Proposed Regulations
By William Goren on
Posted in 504, Proposed Federal Regulations
Before getting started on the blog entry for the day, I do want to take this opportunity to wish those who celebrated the Jewish new year, a happy new year.
I spent last Friday reading the proposed §504 regulations, which runs a little over three hundred pages, put out by the U.S. Department of…