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Using Common Sense for Service Animals and Essential Eligibility Requirements

By William Goren on May 21, 2018
Posted in ADA, Fair Housing Act, Final Federal Regulations, Title II, Title III
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In law school, there is a saying that a student goes in with common sense and comes out with common law. However, there is still room for common sense in the law. Today’s blog entry is actually a two-for-one: service dogs with respect to title II and title III, and essential eligibility…

What’s a Program and Whose Program Is It?

By William Goren on February 27, 2018
Posted in ADA, Federal Cases, Final Federal Regulations, Title II

Today’s blog entry is a two-for-one. First, we are going to update several other blog entries with recent developments. Then, we have the case of the week, Ashby v. Warrick County School Corporation, a decision from the United States District Court for the Southern District of Indiana that came down on February 7, 2018.…

ADA and the High School Athletic Association

By William Goren on February 13, 2018
Posted in ADA, Federal Cases, Guidances, Rehabilitation Act, Title II

Before starting the blog for this week, a couple of preliminary matters. First, about a month ago, I hit 300 blog posts. I simply could not do it without the loyal readership of the people here. Thank you! Also, my last blog entry dealing with animals on planes really took off. The Texas Bar informed…

Regulatory Developments

By William Goren on December 23, 2017
Posted in ADA, Guidances, Proposed Federal Regulations, Title II, Title III

I know I said that I would not be blogging until after the new year started. However, my wife and daughter are hanging out with lunch and a trip to Bed Bath & Beyond. Since we are Jewish, one could ask why we would be making a trip to Bed Bath & Beyond two days…

ABA 100 and Fundamental Alteration Defense in Academia

By William Goren on November 28, 2017
Posted in ADA, Rehabilitation Act, Title II

I hope everyone had a happy Thanksgiving.

Before getting started on our blog of the week, I first want to pass on some great news about the blog. Thanks to our very generous readers, my blog made the ABA 100 once again. It is the fourth year in a row for us. I simply could…

ADA and Reasonable Accommodations: The HR (Title I) Version

By William Goren on October 31, 2017
Posted in ADA, Final Federal Regulations, Title I
Happy Halloween!
Happy Halloween!

A few weeks back, I attended a chat seminar put on by the Society for Human Resources Management on reasonable accommodations and the ADA. What happens in that kind of seminar is that people write in their questions online and then knowledge advisors respond. The knowledge advisors are very…

Movie Theater Accessibility

By William Goren on October 18, 2017
Posted in ADA, Federal Cases, Final Federal Regulations, Guidances, Title III

Things have been crazy around here lately. The latest thing I am dealing with apparent incompatibility between Dragon NaturallySpeaking and Microsoft Office 365. It makes things incredibly crazy (I can’t dictate in Word for long without having to click the dragon mike on and off and other office 365 products, such as outlook and excel,…

Updates on Karczewski and King

By William Goren on August 28, 2017
Posted in ADA, Constitutional law, Federal Cases, Final Federal Regulations, Guidances, Title II, Title III

Before proceeding with the blog entry of the day, I want to say that my thoughts and prayers go out to everyone in Houston, Texas. I actually lived in Houston, Texas for a year and ½. It is just awful what is going on there and everyone there is in my thoughts.

The blog entry…

Defenses to Serial Website Litigation

By William Goren on April 21, 2017
Posted in ADA, Federal Cases, Guidances, Proposed Federal Regulations, Title III

My colleague, Richard Hunt, recently blogged on the issue of website accessibility here and here.  I want to focus and provide another perspective on his blog entry discussing Robles v. Dominos Pizza LLC 2017 U.S. Dist. LEXIS 53133 (C.D. Cal. March 20, 2017), and Gomez v. Bang and Olufsen America, Inc., 2017 U.S.…

ADA/Rehabilitation Act Applies to Externship, Internship, and Practicum Sites

By William Goren on June 6, 2016
Posted in ADA, Federal Cases, Rehabilitation Act, Title I, Title II, Title III

I am back from a week of doing the family thing in Chicago. Of course, I need a vacation. That said, nothing like relaxing by putting up a new blog entry. That said, for reasons I don’t know when I pasted the entry from word into the appropriate box in word press (word press is…

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Recent Posts

  • SHRM Service Dog Litigation: Answer and Possible Defenses
  • Eviction Notices Must be Accessible to Persons with Disabilities and other Stuff
  • Does an Employer Have the Ability to Not Engage in the Interactive Process if the Reasonable Accommodation Request is Facially Unreasonable and Other Stuff
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Greatest Hits

  • §309 Contains a Fundamental Alteration Defense
  • A shot across the bow to judges and court systems
  • ADA and the Applicable Statute of Limitations
  • ADA compliance auditing for higher education
  • ADA Disparate Impact Claims
  • ADA Is a Nondelegable Duty
  • Animals in Housing: the New HUD Circular
  • But for and Motivating Factor Are Two Different Things
  • Do’s and Don’ts of the Interactive Process
  • Failure to accommodate, direct evidence, and adverse action
  • Indian tribe, sovereign immunity, and ADA
  • Insurance Policy for Landlords Containing Breed Restrictions for ESA/SA Can Violate the FHA
  • Just what is a private club
  • Landlord can charge a fee for ESA's and pets and the impact of Loper Bright
  • Religious Freedom and Remote Work ADA Implication and Latest with HUD and Animals and Housing
  • Return Policy for Landlord Containing Breed Restrictions for ESA's/SA's Can Violate the FHA
  • Service dog v. Emotional support animal
  • Temporary Disability Can Be a Protected ADA Disability and Other Stuff
  • Unreasonable delay in granting a reasonable accommodation is actionable.
  • What do you have to show to get compensatory damages under title II of the ADA
  • Why all colleges, universities, and graduate programs need to do the two-step (with apologies to the state of Texas): essential eligibility requirements and direct threat
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About the Author

William Goren is one of the country’s foremost authorities on the American with Disabilities Act (ADA) and the Rehabilitation Act of 1973. Since 1990, he has been advising on ADA compliance as both an attorney and professor—of which during his time as a full-time academic at various institutions in Chicago, he won numerous teaching awards and achieved tenure.

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