I just reviewed the transcript of the oral argument before the U.S. Supreme Court in Endrew v. Douglas County School District, which involves figuring out just how far a school district needs to go in order to provide a free appropriate public education (FAPE), under IDEA. Here is what we know from that oral
rehabilitation act
Service Dogs And Emotional Support Animals with Respect to Title I of the ADA (Employment)
By William Goren on
Posted in ADA, Federal Cases, Final Federal Regulations, Rehabilitation Act, State Cases, Title I, Title II, Title III
Before getting started on the blog entry of the day, I would be remiss if I didn’t note that the Cubs are back in it! Winning two games against a very tough Cleveland team in Cleveland with a likely Hall of Fame manager is going to be very tough. Go Cubs!
Last week, a person…
Graduated Student and Sovereign Immunity
By William Goren on
As promised, I am back. For my Jewish brethren, I want to wish everyone a happy new year and a good fast, Yom Kippur starts tonight. Today’s case comes to me courtesy of my friend and colleague from Dallas, Texas, Richard Hunt passed along the case of Ross v. City University of New York,…
Just When Does The Statute of Limitations Begin to Run in a Failure to Accommodate Claim and Other Issues
By William Goren on
As everyone knows, my blog entries usually go up on Monday of a given week. Obviously, I missed last week. Last week my daughter was on break and my wife also took the week off. So, lots of family things going on. We also have out-of-town company in for an extended weekend, but I am…
Just What Is a Sales Establishment Anyway per Title III of the ADA?
By William Goren on
In a recent blog entry, I discussed a 10th Circuit opinion that talked about just what is a service establishment. This blog entry talks about a similar issue, which is just what is a sales establishment? The case of the day essentially adopts the dissenting view of Judge Holmes in Levorsen, the case referenced…
Uber’s Settlement with the National Federation of the Blind
By William Goren on
This week’s blog entry discusses Uber’s settlement with the National Federation of the Blind. The blog entry is divided into two categories: the terms of the settlement; and just how is Uber covered by the ADA and thoughts. The reader is free to focus on any or all of the categories, but since the blog…
EEOC Proposed Rule on Affirmative Action for Individuals with Disabilities in the Federal Government
By William Goren on
The federal government has put affirmative action back on the table with the EEOC proposed rule for Affirmative Action for Individuals with Disabilities in the Federal Government. Previously, I have written here on the Office of Federal Contracting Compliance Program rule for federal contractors. When it comes to the Rehabilitation Act, here is how…
Remember that Law School Exam? Defenses Run Amok
For those who remember law school, the typical law school exam was a completely crazy hypothetical with thousands of issues in it. The idea was to spot all the issues and somehow mention that you knew how to deal with them within the allotted timeframe. I was reminded of that experience when I read National…
Does § 504 Apply to Independent Contractors?
By William Goren on
Previously, I have discussed here whether § 504 applies to employment. Today’s case, Flynn v. Distinctive Home Care, Inc. (you can find my blog entry discussing the District Court opinion here), takes it even further. Today’s case, explores whether § 504, assuming it applies to employment, applies to independent contractors. As is my usual…
Can Prisons Do what They Want with Respect to Discrimination against Persons with Disabilities in Their Prison Jobs?
By William Goren on
In a previous blog entry, I discussed the case of Holmes v. Godinez. In that decision, which involved a class action brought on behalf of deaf inmates, the U.S. District Court for the Eastern District of Illinois said:
While it is true that typical ADA claims regarding employment must be brought under title…