Previously, I have written on whether you can get compensatory and punitive damages in ADA retaliation claims. That particular blog entry despite its title was restricted to title I claims of the ADA. That is, claims arising from employment. But what about title II claims of the ADA. That is, a retaliation claim arising from
retaliation
A triple play: does title you sue under with respect to a retaliation claim depend upon subject or context; compliance expert testimony in ADA cases; and catspaw
By William Goren on
This particular blog entry deals with three different topics all contained within the same case. The case is Powell v. Valdosta City School District, 2014 U.S. Dist. LEXIS 157158 (M.D. GA November 6, 2014). As is my usual, I have divided the blog entries into categories: facts, issues, holdings, court’s reasoning, and takeaways. The…
Can You Get Compensatory and Punitive Damages in ADA Retaliation Claims
By William Goren on
Your client asked for reasonable accommodations/modifications and was retaliated against for doing so. Let’s assume that the retaliation is fairly obvious. The question becomes when you file a retaliation claim are you going to be able to get compensatory and punitive damages? Might it depend upon the title or law that you are suing under?…
Good faith interactive process
By William Goren on
I
What is a good faith interactive process?
The ADA requires an interactive process whenever a person with a disability gives the employer, governmental entity, or business notice (broadly defined), that they are in need of reasonable accommodations/modifications as a result of a disability. What would a good faith interactive process look like in the…
Be careful about taking accommodations that are working away
By William Goren on
I know I generally blog on Mondays, but this has been a strange week between client matters and an unusual family schedule.
Also, it isn’t unusual for those who blog to wind up blogging on things that some other blogger has covered. I don’t mind doing that so long as we have different perspectives that…
Litigation strategy and how to make ADA matters worse
By William Goren on
One of my favorite songs of all time is “The Gambler” by Kenny Rogers. For those who don’t know, it is a song about poker, but it might as well be a metaphor about litigation. The chorus of the song goes, “you gotta know when to hold em, know when to fold ’em, know when…
Exhaustion of administrative remedies redux: when is a party on notice?
By William Goren on
The stereotype of judges is that they are boring and wouldn’t relate well to an audience. I have attended several CLE’s where judges were the speakers, and that stereotype is just not true. Of course, some are better than others, but that is true with every speaker you here. One of the great CLE speakers,…
Mixed motive and title I redux
By William Goren on
One of my more popular blog entries is the blog entry discussing University of Texas Southwestern Medical Center v. Nassar. In that blog entry, I talked about how that decision necessarily means that mixed motive jury instructions are available with respect to ADA title I (non-retaliation) claims. We now have a case, Siring…
Otherwise qualified and reasonable accommodation two different concepts?
By William Goren on
In the employment context, in order to be protected under the ADA, you have to have a disability and you also have to be qualified (until the amendments act the term was otherwise qualified but the meaning remains the same). Whether a person is qualified under title I of the ADA, depends upon whether that…
What does it mean to exhaust administrative remedies?
By William Goren on
Title I of the ADA requires that before a plaintiff can go to court they must first exhaust administrative remedies first. That means receiving a right to sue letter from the EEOC and filing your claim with the EEOC or an equivalent state agency within the requisite time period. It also means giving the EEOC…