This is actually my second shot at a blog entry for this week. I actually spent a little bit of time this morning writing up a blog on the proposed regulations implementing the nondiscrimination provision of the genetic information nondiscrimination act. However, as I was going through a draft for such a blog entry, I
exhaustion of administrative remedies
File/Amend an EEOC Charge As Often As You Have To and Other Goodies
By William Goren on
Today’s case raises the point that an EEOC charge needs to cover the claim. Further, don’t assume that just because there is a prior EEOC charge on file that a subsequent claim will be automatically covered. The case is Martinez v. University Medical Center. The case also has some other interesting points in it…
Current User of Illegal Drugs Does Not Mean Actual Use When It Comes to a Recovering Addict
By William Goren on
I am back to my Monday postings. In my latest article, just published by the ABA GPSolo magazine, I discussed the legal parameters that an employer is faced with when it comes to dealing with an employee addicted to the Internet. This week’s case continues that line of thought, albeit with respect to alcohol…
IDEA Exhaustion, Attorneys Fees, and Applicable Statute of Limitations
By William Goren on
Normally, when I am putting together a blog entry, what I do is that I find an interesting case that comes out during the week and then: analyze that case; discuss the court’s reasoning and my take on it; and then offer takeaways. This week I did see a case that met that criteria (it…
Exhaustion of administrative remedies redux: when is a party on notice?
By William Goren on
The stereotype of judges is that they are boring and wouldn’t relate well to an audience. I have attended several CLE’s where judges were the speakers, and that stereotype is just not true. Of course, some are better than others, but that is true with every speaker you here. One of the great CLE speakers,…
If a child has an IEP and gets a service dog, must they exhaust administrative remedies before proceeding to the court house if the school refuses the service dog?
By William Goren on
Previously, I have talked about service dog v. therapy dogs. I have also talked about the administrative regulations from the Department of Justice with respect to the difference between service dogs and other kinds of dogs that a person with a disability may have with respect to how they would likely hold up under…
What does it mean to exhaust administrative remedies?
By William Goren on
Title I of the ADA requires that before a plaintiff can go to court they must first exhaust administrative remedies first. That means receiving a right to sue letter from the EEOC and filing your claim with the EEOC or an equivalent state agency within the requisite time period. It also means giving the EEOC…
Issues to be aware of under title III of the ADA
By William Goren on
Posted in Federal Cases, Title III
Julie Mills, a Columbus, Ohio attorney whose blog appears in my blogroll, brought to my attention in a linked in group that we are both members of (ADA for Attorneys, Architects, and Access Professionals), a case which discusses several key issues under title III of the Americans with Disabilities Act. That case is Parr v.
Title II, employment, and essential eligibility requirements
By William Goren on
Before we get started on the blog entry, I want to thank everyone for their readership. This week, we should surpass the 1000 visitor mark. Also, we have now surpassed the 10,000 view mark. Thanks!!!!!!!!!!!
This blog entry explores whether title II of the ADA applies to employment issues, and how do you go about…
All by myself (with apologies to Eric Carmen): to file suit under title III of the ADA, do you have to first exhaust administrative remedies?
By William Goren on
Title I of the Americans With Disabilities Act requires that a person seeking to file a claim for employment discrimination must first file a claim with the EEOC or a substantially equivalent state agency and receive a right to sue letter before proceeding in court. What if you wish to file a claim under title…