Does the Americans with Disabilities Act apply to bar examiners? If it were only that simple. Taking the approach with respect to entries that I’ve developed recently, part one discusses the facts of the case. Part two discusses the court’s reasoning and my responses. Finally, part three give the reader takeaways. The reader is free
school board of Nassau County Florida v. Arline
Undue Hardship in the Financial Sense: A Viable Defense?
By William Goren on
Posted in Federal Cases, Title I
This blog entry can be divided neatly into two parts. In the first part, I play a game of true false based upon the issues that arose in the recent case of Attiiogbe-Tay v. Southeast Rolling Hills LLC, which recently came down from the United States District Court of Minnesota. The second part explores…
When it comes to licensing, can a public entity conduct its processes in a way that discriminates against persons with disabilities or in a way that mandate discrimination against persons with disabilities?
By William Goren on
Many years ago I represented a public entity that was the subject of an adverse licensing decision. In that particular situation, the public entity had a group home for persons with a certain type of disability. The Medicaid certification inspection was done in such a way so that the disabilities of the people living in…
Why all colleges, universities, and graduate programs need to do the two-step (with apologies to the state of Texas): essential eligibility requirements and direct threat
By William Goren on
Just recently, the Department of Justice, the Department of Health and Human Services, and the Department of Education joined forces to issue a letter (the link will take you to the press release. In that press release, there is another link to the letter itself), to schools of medicine, schools of dentistry, schools of nursing,…
Enshrinement of unfair advantage as a legal standard: OCR, 504, and Sports
By William Goren on
For years (every edition of my book starting with the very first edition published in 2000 has had a chapter on the ADA and sports), I’ve written about how the ADA applies to sports. The United States Department of Education Office of Civil Rights has just issued a guidance dealing with their section 504 regulations…
Segregation of HIV-positive inmates will not fly
By William Goren on
Hope everyone had a great holiday season. Wishing everybody a healthy, happy, and successful new year! In case you want to take a break from bowl games over the next couple of days, here is something you might read:-)
Alabama and South Carolina are the only States segregating inmates that are HIV-positive. In the Alabama…