I now have an embarrassment of riches. A whole bunch of cases in my pipeline. It happens sometimes that way. Before I get started, if you are the father of a daughter that plays athletics or a daughter that played athletics and wants a book that explains the impact that can have on a person,
discrimination
When it comes to licensing, can a public entity conduct its processes in a way that discriminates against persons with disabilities or in a way that mandate discrimination against persons with disabilities?
Many years ago I represented a public entity that was the subject of an adverse licensing decision. In that particular situation, the public entity had a group home for persons with a certain type of disability. The Medicaid certification inspection was done in such a way so that the disabilities of the people living in…
Some thoughts on retaliation and the ADA
42 U.S.C. § 12203(a) prohibits retaliation against an individual opposing any act or practice that violate the ADA or because the individual made a charge, testified, assisted, or participated in any manner an investigation, proceeding or hearing. Over the last few weeks, I have come across a few cases in the retaliation area that deserve…
Class is in session: Does the Defendant Have a Right to Know Who Is Enrolled
Before anyone can file a suit alleging a violation of the Americans with Disabilities Act, they first have to exhaust administrative remedies. That means they have to file a claim with the EEOC first. In some cases, a plaintiff files a claim with the state discrimination authority and that claim gets cross filed with the…
Licensing regulations and the Americans With Disabilities Act
Recently, the New York Times reported that a federal judge ruled that the city of New York must start approving taxi medallions so that more taxis were wheelchair accessible. After reading the article, I decided to go to the case itself, Noel V. New York City Taxi and Limousine Commission, 2011 WL 6747466 (S.D.…
