Today’s blog entry talks about a case that is not an ADA case at all. However, I do expect the case to have a huge impact on a particular area of ADA jurisprudence. As we know, such as discussed here, there has been considerable debate in the courts over whether failure to accommodate cases
Justice Alito
Murray v. UBS Securities and its Possible Impact Upon ADA Jurisprudence
By William Goren on
The blog entry for the week is actually not an ADA case at all but it may have a substantial impact on the ADA universe. The case of the day is Murray v. UBS securities, LLC, a unanimous decision written by Justice Sotomayor, from the Supreme Court decided on February 8, 2024, here. It…
Ability of K-12 Public Schools to Regulate Off-campus Speech
By William Goren on
Let’s say you have a situation where you have a severely autistic individual, a person with Tourette’s, dyslexia, or some kind of severe learning disability, all of which can lead to anger when the person gets frustrated. To be clear, I am not saying that all persons with disabilities are prone to anger more so…
But For Causation is not Sole Causation and Other Matters: the Supreme Court LGBT Decisions
By William Goren on
This week the Supreme Court came down with the decisions in the LGBT cases, which I previously discussed here. The decision will have an absolute huge impact on people with disabilities in both positive and possibly negative ways. Before moving onto the decision, I do want to say that my wife and I and…
Expect Every ADA Case in Litigation to Litigate Causation
By William Goren on
Posted in General
Up until about this morning, I had no idea what I was going to blog on this week. I was thinking I was going to blog on a case in my pipeline that is a tour de force with respect to associational discrimination. However, when I started checking my email, I saw in my law…
Ministerial Exception
By William Goren on
Posted in General
One of the more fascinating areas of law, is the issue arising when a parochial school claims that an educator is a minister. We discussed that issue way back in 2012 in this blog entry. While the Supreme Court there said that a minister was involved, it couldn’t figure out the standard to use.…
How is Fry playing out in the lower courts?
By William Goren on
In searching for a blog entry to do this week and striking out with my Lexis alert, I thought it might be interesting to see how Fry v. Napoleon Community Schools, discussed here, was playing out in the lower courts. When I did that, I came across the case of K.G. v. Bluff-Luton Community School …
City and County of San Francisco, California v. Sheehan Decided
By William Goren on
Previously, I have blogged on the Sheehan case and its oral argument before the United States Supreme Court. Yesterday, the United States Supreme Court came down with the decision in this case, which can be found here:
As expected, they decided with respect to the ADA matter, that the writ of certiorari had been…
Perez v. MBA and it’s Impact on the ADA Universe: Huge and Starting with new DOT Final Regulations
By William Goren on
I
Introduction
Sometimes a case can have a huge impact on the ADA universe even though it is not an ADA case at all. Gross v. FBL Financial Services 557 U.S. 167 (2009) is one such case and today’s case is another. As is my usual practice, the blog entry has been divided into several…
The ADA, The rehabilitation act, and the ministerial exception
By William Goren on
Posted in Federal Cases, Title I
This blog entry asks the question as to what is the status of the ADA and the Rehabilitation Act with respect to employees that work for religious institutions. Recently, the United States Supreme Court decided the case of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 132 S. Ct. 694 (2012). In that case,…