When it comes to the ADA, there are three possible kinds of lawsuits. First, disparate treatment. Second, failure to accommodate. Third, disparate impact. You don’t see a lot of disparate impact cases. As a result, I thought it would be useful to blog on a decision dealing with the disparate impact issue. Our case of
Cummings v. premier rehab Keller
Law Firm Gets in Trouble for Not Keeping Confidential Information Gained From a Disability Related Inquiry
By William Goren on
Happy new year everyone and hope everyone had a great holiday season.
Today’s blog entry deals with the issue of what happens when an employer doesn’t keep disability related information confidential. The case of the day is Purvenas-Hayes v. Saltz, Mongeluzzi & Bedensky, P.C. decided by the United States District Court for the Eastern…
Decision Tree After Fry and Perez
By William Goren on
Before getting started on the blog entry of the week, I wanted to give everyone a heads up as to the blogging schedule for the rest of the calendar year. My daughter comes home for a three week break on December 13, so we have this blog this week. I will also have a blog…
Kiosk Inaccessibility With a Twist
By William Goren on
Previously, I have blogged on the inaccessibility of kiosks. Both of those blog entries, here and here, discussed whether the kiosk was a place of public accommodation. The case of the day, Vargas v. Quest Diagnostics Clinical Laboratories, here, is a bit different. In this case, you have a place that operates to…
Does Title I of the ADA Apply When the Plaintiff is no Longer Qualified/Otherwise Qualified?
By William Goren on
Today’s blog entry is not on an issue that I have blogged on previously. It deals with the question of what happens when a person leaves employment and was otherwise qualified during that employment, but after the employment ends, some discriminatory action occurs. Does title I apply since the person is no longer otherwise qualified/qualified?…
DOJ Weighs in on Laufer and says Laufer loses
By William Goren on
Posted in 504, ADA, Fair Housing Act, Final Federal Regulations, General, Rehabilitation Act, Title III
Before getting started on the blog for the week, I wanted to let everyone know that the ABA Law Practice Today just published my article entitled AI and Persons with Disabilities: the Good and the Bad. It can be found here.
Last week, we discussed Acheson Hotels brief in the Laufer case. Also…
At the Supreme Court: Talevski and Laufer
By William Goren on
Today’s blog entry deals with a couple of goings-on at the United States Supreme Court. The first is the Supreme Court decision in Health and Hospital Corporation of Marion County v. Talevski, here. In this case, the Supreme Court, in a 7-2 decision, held that violations of the federal law dealing with nursing home…
What Do You Have to Show to Get Compensatory Damages Under the Rehabilitation Act Redux
By William Goren on
In going through my cases in my blog pipeline, I decided to blog on the case of Basta v. Novant Health Inc. It was decided on December 27, 2022, and it is a published decision from the Fourth Circuit. It is a case concerning the effective communication obligations of hospitals to their patients and to…
If it Looks Like a Duck, Quacks Like a Duck, it is Not a Duck
By William Goren on
Sometimes I just don’t know until the last minute as to what case I will blog on for the week. I originally thought I would blog on a religious accommodation case. Then, this morning I saw a Fifth Circuit decision involving mandatory reassignment. Right when I was finishing up reading that decision, I saw an…
Perez Oral Argument
By William Goren on
Today’s blog entry is the blog entry that I was going to do last week until the EEOC guidance on hearing disabilities in the workplace intervened. That particular guidance was the most personal one that I have ever written. Today, we go back to a more traditional type of blog entry. On January 18, 2023,…