Previously, I have written on whether class actions are possible with respect to ADA claims considering how ADA claims are inherently focused on individual analysis. From reading the case law on a regular basis, I am seeing class actions being allowed with respect to Olmstead claims. Outside of that, it tends to be hit or
rehabilitation act
Academic Deference and Burden of Proof in Reasonable Accommodation Matters
By William Goren on
One of the blogs in my blog roll is Wait a Second, which discusses civil rights cases in the Second Circuit. Recently, Wait a Second blogged on this case, which as far as I can tell, appears to be unpublished. Wait a second did an excellent job of describing the facts of that case…
ADA and the “Sports Association.”
By William Goren on
For years, I refereed and umpired basketball and softball. The entity for managing the referees and umpires were associations whose sole purpose was to deal with the referee side of things. Referees and umpires were ostensibly independent contractors (whether they are would be the subject of a separate blog entry and will not be the…
Proposed Rules of HHS Implementing the Affordable Care Act Dealing with Nondiscrimination in Health Programs and Activities
By William Goren on
Posted in ADA, Guidances, Proposed Federal Regulations, Rehabilitation Act, Title I, Title II, Title V
Before getting started on this week’s blog entry, I do want to wish everyone that might be celebrating the Jewish New Year next week a happy new year. Also, because I am one of the people celebrating the Jewish new year and will have family responsibilities all week, I am not anticipating putting up a…
Web Accessibility and Universities
By William Goren on
In a previous blog entry, which I keep on my greatest hits section of my blog, I discuss what you need to do with respect to auditing your educational institution for ADA compliance. In #14 of that blog entry, I mentioned that whatever services are being offered on the Internet, the institution needs to…
Current User of Illegal Drugs Does Not Mean Actual Use When It Comes to a Recovering Addict
By William Goren on
I am back to my Monday postings. In my latest article, just published by the ABA GPSolo magazine, I discussed the legal parameters that an employer is faced with when it comes to dealing with an employee addicted to the Internet. This week’s case continues that line of thought, albeit with respect to alcohol…
Does title II/§ 504 Apply to Employment? and Undue Burden May Still Be Possible Even Where Big Bucks Are Involved
By William Goren on
Just over a month ago, I blogged on the issue of whether title II of the ADA applies to employment . I followed up in a comment to that blog entry discussing whether § 504 applies to employment. On June 15, 2015, the Fourth Circuit in a published decision weighed in.
Suing a state court system: Shooting down the Defenses
By William Goren on
This posting is later than my usual Monday. However, Monday was Memorial Day and then I had family in.
In a previous blog entry of mine, I discussed how suing a state court system can be done but that it is very complicated. This case discusses the myriad of defenses that arise in such…
Iqbal/Twombly Pushback and When Might All of Operations of a Private Entity Have To Comply with the Rehabilitation Act
By William Goren on
Today’s case is a two fer. We explore two questions. First, if a complaint as originally drafted does not meet Iqbal/Twombly standards, whatever that is:-), does the plaintiff get the right to amend? Second, just what must be alleged in order to survive a motion to dismiss with respect to alleging that a private entity’s…
ADA, Sovereign Immunity, and the County Jail
By William Goren on
I
Introduction
One of the most complicated topics around is the doctrine of sovereign immunity, which comes from England and says that the King cannot be sued without his consent. We have carried over this doctrine into our 11th amendment to the U.S. Constitution. As we have discussed previously numerous times, there are situations where…