At least once a month, I get a phone call where a judge is treating a person with a disability in their courtroom in a hostile way. The person always wants to know what can be done about it and whether judges are allowed to do that. I have talked before going after the judiciary
Legislative Immunity Trumps Everything
Today’s blog entry explores an issue that we have not discussed before. It is hard to believe that after 400+ blog entries over eight years that we could find a topic we haven’t discussed. However, that is the beauty of how comprehensive and all-encompassing the ADA is. Today’s case takes on the question of whether
Are Gender Dysphoria and Gender Identity Disorders the Same? Why Does it Even Matter?
As I mentioned last week, I have a whole bunch of cases to blog on my pipeline. It took me quite a bit to decide on what to blog on. Ultimately, I decided to blog on Doe v. Northrop Grumman Systems Corporation, a decision that came down from the United States District Court of
The Washington and Hawaii Approaches to the Misrepresentation of Service Dogs
Previously, I had mentioned that I was going to explore how some States are reacting to the increasing use of dogs being misrepresented as service dogs. I also previously covered here the approach Texas took with respect to service dogs in general. So, today, I want to explore how Hawaii and Washington are reacting to
Transgender: Equal Protection, Due Process, and ADA
One of the topics that we have discussed before (see here for example), is transgender individuals alleging that they have been the victims of disability discrimination. Recently, transgender plaintiffs have also had success in alleging that they are the victims of sex discrimination as sex discrimination includes stereotyping based on gender, which by
It’s a Plane, It’s a Bird, It’s a Bird on a Plane… What the…
What birds fly in?
A couple of weeks ago or so, a dog brought on a plane as an emotional support animal mauled a fellow passenger trying to get to his seat. Then, a New York artist tried to bring a peacock on the plane as her emotional
Why Argue ADA at all in Gender Dysphoria Cases, When Title IX and the Equal Protection Clause are Available?
The case of the week asks the question why a person with gender dysphoria, would bother going with the ADA if he or she could go with title IX of the Civil Rights Act or the equal protection clause of the 14th amendment instead. Recently, the Seventh Circuit Court of Appeals held here that
Gender Dysphoria and the ADA
The big news from last week was the decision from the Eastern District of Pennsylvania holding that gender dysphoria is a protected disability under the ADA. The opinion can be found here. Also, this blog entry specifically references a blog published elsewhere by Christine Duffy, Esq., whom I have known for over 20 years. She
Batson Challenges and Persons With Disabilities: Now You Will See More of Them
In October 2012, I posted a blog entry discussing Batson challenges and persons with disabilities. Since that time I have attended many a networking event, CLE, or other law related event. At those events, if a person tells me they are a litigator, criminal or civil, I always ask them if they have ever
Will This Comment Be Enough to Save the OFCCP Affirmative Action Regulations for People with Disabilities
Before turning to this week’s blog entry, which I will keep very short (after all, it is Thanksgiving week and who wants to read a typical blog entry this week), a couple of housekeeping matters. First, happy Thanksgiving to everyone! Second, I received notice yesterday that this blog has made the ABA top 100 legal