Hope everyone had or is having a happy holiday. Also, baseball season is underway. The Chicago White Sox are up-and-coming, but their time may not be yet. The Chicago Cubs going into the season are one of the top three to go to the World Series. The Atlanta Braves are not going to be so
preventive law
When It Comes To Handling Reasonable Accommodation Requests, Preventive Law Is the Whole Ballgame
By William Goren on
As you are aware, I missed a blog entry last week. I do have an explanation. At the beginning of the week, I was faced with a deadline for getting a complaint out. No, I don’t usually draft one myself, but this was an extraordinary situation. At the end of the week I had a…
Should we now be asking when to bother with the Rehabilitation Act and preventive tips can come from anywhere
By William Goren on
Jon Hyman’s blog is in my blogroll and I want to thank him for calling to my attention the case of Sjostrand v. The Ohio State University. Jon, as always, did a great job in his blog entry, but I want to take a different approach. What I want to discuss is how this…
If you waive one law, do you waive others? Intersection of IDEA, § 504, and the ADA
By William Goren on
In the kindergarten through grade 12 context, for students with disabilities, there are actually three laws to be aware of. Those laws are the Individual with Disabilities in Education Act (IDEA), § 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). IDEA is a law that demands a student with a disability…
Intersection between the FMLA and the ADA as amended: how it can get you in trouble
By William Goren on
Over the years, lots of people have written about the intersection between Family and Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA), myself included. You simply cannot deal with the ADA and not be aware of the FMLA and vice-versa. Some of the things to be aware of is that the FMLA…
How might you know when more leave is a reasonable accommodation once FMLA leave has been used up?
By William Goren on
Posted in Federal Cases, Title I
There are several laws out there that intersect with the Americans with Disabilities Act. One of them is the Family and Medical Leave Act (FMLA). That law intersects with the Americans with Disabilities Act in a variety of ways. I am not going to explore all of those ways in this entry. What I do…
Preventive law systems a must: title II and voting booths
By William Goren on
The axiom of preventive law is that we live in such a litigious society that you can’t prevent a lawsuit. However, you can take steps where if you get sued you can win that lawsuit. A case that illustrates as to what happens when you do not have preventive law systems is United Spinal Association…
Is a Mixed Motive Jury Instruction Dead under the Americans with Disabilities Act? Rehabilitation Act?
By William Goren on
At the top of the legal resources section on this page, you will see a link to an article that I wrote regarding whether a mixed motive jury instruction is available under the Americans with Disabilities Act. A mixed motive jury instruction is an instruction that says that liability can exist if the plaintiff can…
Title II can’t be used to keep places that grow pot for medical purposes open
By William Goren on
Posted in Federal Cases, Title II
There has been a lot of discussion in the blogosphere, particularly among media, about the decision that just came down from the Ninth Circuit involving the efforts of the cities of Costa Mesa and Lake Forest in California to close down places that grew pot for medical purposes. The link to that decision is below…
Class is in session: Does the Defendant Have a Right to Know Who Is Enrolled
By William Goren on
Posted in Federal Cases, Title I
Before anyone can file a suit alleging a violation of the Americans with Disabilities Act, they first have to exhaust administrative remedies. That means they have to file a claim with the EEOC first. In some cases, a plaintiff files a claim with the state discrimination authority and that claim gets cross filed with the…