Before getting started on the blog entry of the week, I want to congratulate the Washington Nationals on their World Series victory where for the first time, a road team won every single game. Congratulations. I will be very curious to see whether the Washington nationals go to the White House. As everyone knows, a
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Judge Kavanaugh and Persons with Disabilities
Before getting started on the blog entry of the week, next week is the Jewish new year. I want to take the opportunity to wish all of my Jewish brethren a happy and healthy new year for them and their families. It also means that no one should be surprise if the blog entry for…
Medical Marijuana and the ADA: Interactive Process is Everything
Last week the legal blog world lit up with the case of Barbuto v. Advantage Sales and Marketing, LLC, a decision of the Massachusetts Supreme Court on July 17, 2017. Both of my fellow panelists, Robin Shea and Jonathan Hyman, on our ADA and employment issues panel at the Federal Bar Association convention in…
DOJ Final Rules Implementing Title II and Title III of the ADA
Last week, the Department of Justice came down with their final regulations implementing the amendments to the ADA with respect to title II and title III of the Americans with Disabilities Act. I had previously written on these proposed regulations back in February 2014, and so I thought it would be a good idea to…
Is pregnancy a disability? The true false version
Three of my colleagues, Robin Shea, Eric Meyer, and Jon Hyman have written excellent blog entries on the latest EEOC guidance dealing with pregnancy discrimination. There is also a section of that guidance dealing with how pregnancy may also constitute disability discrimination under certain circumstances. I thought it would be informative if I…
Class-action and persons with disabilities R.I.P.?
Here’s a fact. No two disabilities even the same ones are the same. Accordingly, it makes perfect sense that the ADA requires an individual analysis throughout. Further, under both title I and title II of the Americans With Disabilities Act, in addition to having a disability, the person must be qualified. That is, capable of…
Enshrinement of unfair advantage as a legal standard: OCR, 504, and Sports
For years (every edition of my book starting with the very first edition published in 2000 has had a chapter on the ADA and sports), I’ve written about how the ADA applies to sports. The United States Department of Education Office of Civil Rights has just issued a guidance dealing with their section 504 regulations…