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
rehabilitation act
Applicability of DOJ Service Dog Regulations to Rehabilitation Act Cases
By William Goren on
Posted in General
Today’s blog entry deals with the question of whether the DOJ final regulations on service dogs are applicable to a case arising under the Rehabilitation Act and not the ADA. The case is Berardelli v. Allied Services Institute of Rehabilitation Medicine, a published decision from the Third Circuit decided August 14, 2018. As usual,…
If You Don’t Have ADA Anti-discrimination Policies, You are Strongly Encouraged to put them in Place
By William Goren on
Posted in General
I know I am late with a blog entry for this week, but I have a good excuse. Here in Atlanta, school starts August 1, and I have been dealing with some of those issues. Also, I had an expert witness report due yesterday and that consumed all the oxygen in the room. At any…
Licensing Boards Need to Rethink Their Practices
By William Goren on
Posted in General
Before getting started on the second blog entry of the week, as mentioned in the first blog entry of the week, a few housekeeping matters are in order. First, it is that time of year again to vote for the ABA 100. I have been thrilled to be part of that for the last four…
Fundamental Right to Access Legislative Proceedings
By William Goren on
Happy Fourth of July holiday everyone!
Today’s case, National Association of the Deaf et. al. v. State of Florida et. al., comes to me from Courtney Cunningham who has been working this case for some time. The National Association of the Deaf (by way of disclosure, I have known the Executive Director of…
Transgender: Equal Protection, Due Process, and ADA
By William Goren on
One of the topics that we have discussed before (see here for example), is transgender individuals alleging that they have been the victims of disability discrimination. Recently, transgender plaintiffs have also had success in alleging that they are the victims of sex discrimination as sex discrimination includes stereotyping based on gender, which by…
Using Common Sense for Service Animals and Essential Eligibility Requirements
By William Goren on
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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
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
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…
Just When Does the Statute of Limitations BEGIN to Run in ADA Cases
By William Goren on
I hope everyone is having a happy holiday season. In Atlanta, we got a few inches of snow. So, my daughter was outside playing in the snow and having snowball fights with her friends. She even got in a couple of snowballs thrown at me. The nice thing about it being in Atlanta was that…