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Expect Every ADA Case in Litigation to Litigate Causation

By William Goren on April 6, 2020
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…

Just Because §1981 Causation is But For Causation, that Does NOT mean ADA causation is But For

By William Goren on March 29, 2020
Posted in General

This week’s blog entry is an update on a previous blog entry and a discussion of the recent Supreme Court decision in Comcast, which involves the causation standard for §1981. Of course, what we are interested in is whether Comcast necessarily means the Supreme Court will decide but for causation is the standard for ADA…

Sexual Orientation and Transgender Cases Before the United States Supreme Court

By William Goren on October 15, 2019
Posted in General

Last week, the United States Supreme Court heard the trio of LGBT cases. I was previously on record as saying that I expected sexual orientation to be a difficult call, and the transgender plaintiff would win because discrimination occurring against transgender individuals is usually based upon stereotypes. I then read the transcript of the oral…

Is Causation Under Title I But For Causation? Ninth Circuit Says Yes; I Say No

By William Goren on August 24, 2019
Posted in General

Before starting on today’s blog entry, I do want to wish a speedy recovery to Justice Ginsburg. Regardless of your political views or your jurisprudential views, you can’t argue that Justice Ginsburg is not one of the legal titans of the late 20th and early 21st century. Wishing her a speedy recovery.

 …

Causation Under ADA and Rehabilitation Act and a Bonus: LGT Goes to Supreme Court

By William Goren on April 23, 2019
Posted in General

Hope everyone had a happy Easter and, as in my case, a happy start to the Passover holiday. Today’s blog entry come from one of the blogs that is in my blog roll, Wait a Second. The case is Natofsky v. The City of New York decided on April 18, 2019 out of the Second…

Litigation over commas: How far Does Title II Extend?

By William Goren on April 16, 2018
Posted in ADA, Federal Cases, Title II

My colleague, Jon Hyman, has previously written about what can happen when commas are not used when they should be. You can find that blog entry here. Today’s blog entry raises the question as to what happens when a comma is used when perhaps it shouldn’t have been. The case is Haberle v.

Interaction Between FMLA and ADA: A Whole Lot Going on

By William Goren on March 20, 2018
Posted in ADA, Federal Cases, Final Federal Regulations, FMLA, Title I

The best weekend in sports is no doubt the first and second round of the NCAA basketball tournament. I hope your bracket survived. The UMBC VA game was amazing (even my 14-year-old daughter was into it), and there were plenty of other upsets along the way as well. I am in two pools (brother and…

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…

Proving up ADA Interference Claims and Other Questions

By William Goren on October 23, 2017
Posted in ADA, Fair Housing Act, Title I, Title II, Title III, Title V

Today’s case is from the Seventh Circuit, Frakes v. Peoria School District No. 150. This case is the first federal case I am aware of dealing with how do you go about proving a prima facie case for interference under the ADA. The ADA at 42 U.S.C. §12203 contains both retaliation and interference claims. The…

Honest Belief Rule

By William Goren on March 9, 2017
Posted in ADA, Federal Cases, Title I

Today’s case, to DeWitt v. Southwestern Bell Telephone Company deals with the honest belief rule. This rule allows an employer to justify a termination if it honestly believes its reason for doing so was valid regardless of whether it actually was. As is usual, the blog entry is divided into categories: facts; court’s reasoning; and…

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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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