Before proceeding with today’s blog entry, I want to wish everyone celebrating a happy new year. I realize that my blog entry is late this week, but I have a good reason for it. We got back from parents weekend last Sunday, then had to deal with Helene damage, which fortunately was not anything that
Rolf Jensen and Associates Inc. v. eighth judicial District Court of the state of Nevada
Direct Liability for a Title II Entity Delegating Their ADA Responsibilities
By William Goren on
On Friday of last week, I presented to the Minnesota CLE Health Law Institute in Minneapolis on working with disabled clients and disabled attorneys. One of the cases that came up is the one that we are going to be talking about this week, Battle v. state of Tennessee, here, decided by the Middle…
Failure to Accommodate When Doing a Fitness for Duty Exam May Cost You Big Time
By William Goren on
I am taking a break from watching the Olympics on Peacock and other channels. Hoping everyone has a good end to the summer. At least in my town, K-12 starts for the kids tomorrow.
Today’s blog entry deals with the question of what happens when you have a fitness for duty exam that doesn’t…
AI (Artificial Intelligence) Provider Can be Held Liable as an Employer Under Antidiscrimination Statutes
By William Goren on
The EEOC has been focused on AI discrimination in the workplace for some time. It has been a particular focus, though not exclusively with him, for outgoing EEOC Commissioner Keith Sonderling, who actually wrote a law review article on the topic (see ¶ 1 of thoughts/takeaways §). During the last academic year, I was part…
HHS Final §504 Regulations
By William Goren on
As I anticipated, it was not possible for me to get a blog entry up last week with all the traveling I was doing. However, I am back now. Recently, HHS came out with their final 504 regulations, which we previously blogged on the proposed regulations here. There were a few changes that are…
DOJ’s Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Final Rule
By William Goren on
Today’s blog entry discusses the DOJ Title II final rule on web accessibility, including mobile apps. The final rule can be found here. As usual, a blog entry is divided into categories, and they are: 1) the actual regulations; and 2) highlights of DOJ response to comments and thoughts/takeaways
I
Actual Regulations
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Why the Distinction Between Deaf and deaf Matters: EEOC Guidance on Hearing Disabilities in the Workplace and the ADA
By William Goren on
Sometimes you have a blog entry all ready to go in your mind. You are even rehearsing the outline of it in your mind. However, something then intervenes and you feel compelled to blog about something else. This is exactly what happened to me for the blog entry of this week. I had been outlining…
ADA Mandates Deaf Access to the Criminal Justice System
By William Goren on
Posted in 1983, 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title I, Title II
Before we get to the blog entry of the week, a housekeeping matter. I will be out of the office from Friday evening and returning late Tuesday. So, a blog entry for the week after this will come up later in that week rather than earlier to middle of the week as is usually the…
DOJ Goes All in on ADA is a Nondelegable Duty
By William Goren on
Last week my schedule was completely impossible, so I was not able to get a blog up during the work week. Finally, I got some time to do it now. The blog entry for the last week is a Statement of Interest filed by the DOJ in A.V. v. Douglas County School District Re-1. If…
DOJ and EEOC Guidances on AI in Hiring
By William Goren on
Last week, both the DOJ and the EEOC issued technical assistance memorandums/documents detailing their concerns about using AI in employment. It definitely made big news. As someone who knows individuals have gone through AI processes in hiring, these guidances are not surprising as one just had to figure that AI was being used to screen…