Before getting started on the blog entry of the week, a housekeeping matter, I am thinking that there may be one additional substantive blog for the rest of the year before I do the 2025 greatest hits. My thinking is that one more substantive blog entry after this will appear the week of December 8.
retaliation
Have no Idea as to Why Defense Side Attorneys Keep Defending on the Grounds that an ADA Disability Does Not Exist
By William Goren on
After the amendments to the ADA, it doesn’t make any sense for an attorney to defend on the grounds that a disability doesn’t exist, with a notable exception being where the major life activity of working is involved. It should be a rare situation where plaintiff alleges the major life activity of working considering all…
Unreasonable Delay is Actionable, Adverse Action Unnecessary, and More Good Stuff
By William Goren on
Before getting started on the blog of the week, a housekeeping matter. I usually get my blogs up on Monday and sometimes Tuesday or even Wednesday. However, my daughter just finished her third year of college and is home for a short time before starting her summer gig. So, my schedule for the next couple…
A Temporary Disability Can be a Protected ADA Disability and Other Stuff
By William Goren on
I hope everyone’s new year is off to a fabulous start. Congratulations to Ohio State for winning the NCAA FBS championship.
Today’s blog entry deals with whether a temporary disability can be a disability under the ADA. The answer is most certainly yes. There is also some other good stuff to cover as well…
Interactive Process, Retaliation, and Interference in Title III
By William Goren on
I hope everyone that celebrated had a good new year season. Wishing all of those a happy new year. In other news, early election voting is underway in many states. My family voted yesterday. Be sure to vote for the candidate of your choice.
Today’s blog entry returns to a long-standing interest of mine.…
Retaliation, Sovereign Immunity, and Title I
By William Goren on
Today’s blog entry is going to be a short one. One of the issues we have discussed quite a bit in a variety of contexts is sovereign immunity. What happens when the claim is retaliation and sovereign immunity is involved? Does sovereign immunity get forcibly waived in that situation? A case answering this question is…
Eighth Circuit Breaks New Ground and Other Food for Thought
By William Goren on
My thoughts go out to everyone in the Houston area and in Texas dealing with the aftermath of hurricane Beryl.
The blog entry of the day is about a case that came to me from Anne Cullen, a reporter with law 360. She wrote an excellent article on it, here (subscription required). The case…
Court Says Reasonable Accommodation Request Must Relate to Essential Job Functions, But Did it Really Have to Draw That Conclusion?
By William Goren on
Today’s blog entry is one of those situations where I read a case and asked myself whether the court could have gotten to the same place more elegantly than the way it did. The case of the day is Bruno v. Chasity Wells-Armstrong, here, decided by the Seventh Circuit on February 23, 2024. As…
Retaliation and Sovereign Immunity
By William Goren on
Normally, as you all know, I don’t blog on more than one case in a week. However, I will be out of town the first part of next week, and I generally prefer to get blog entries up at the beginning of the week. I am also headed out of town the following week as…
2023 Understanding the ADA Greatest Hits
By William Goren on
I hope those that celebrated had a happy Hanukkah. Merry Christmas, happy new year, and happy holidays to everyone.
Today’s blog entry is my top 11 or so for the year. As is my past practice, I have included important blog entries that do not make the list . Most of those though were…