I would say about 10% of my blog entries deal with ADA related nondiscrimination laws and concepts but not the ADA itself, including such things as the Fair Housing Act, Air Carrier Access Act, and constitutional law. Occasionally, we throw in a state law as well. Today is another one of those, the, Affordable Care
Second Circuit
Causation Under ADA and Rehabilitation Act and a Bonus: LGT Goes to Supreme Court
Hope everyone had a happy Easter and, as in my case, a happy start to the Passover holiday. Today’s blog entry come from one of the blogs that is in my blog roll, Wait a Second. The case is Natofsky v. The City of New York decided on April 18, 2019 out of the Second…
Graduated Student and Sovereign Immunity
As promised, I am back. For my Jewish brethren, I want to wish everyone a happy new year and a good fast, Yom Kippur starts tonight. Today’s case comes to me courtesy of my friend and colleague from Dallas, Texas, Richard Hunt passed along the case of Ross v. City University of New York,…
If a child has an IEP and gets a service dog, must they exhaust administrative remedies before proceeding to the court house if the school refuses the service dog?
Previously, I have talked about service dog v. therapy dogs. I have also talked about the administrative regulations from the Department of Justice with respect to the difference between service dogs and other kinds of dogs that a person with a disability may have with respect to how they would likely hold up under…
Some useful things to know about regarded as claims
In order to get damages under title I of the ADA, you have to show intentional discrimination. In order to get damages under title II of the ADA, you have to show deliberate indifference. But what does intentional discrimination mean with respect to a regarded as claim? Must there be discriminatory animus or can there…
Would having a disability protect you from being terminated for harassing others?
Consider: Employee/volunteer/Intern… with a disability is sexually harassing his or her coworkers. The disability is such that the employee/volunteer is unlikely to stop. The hiring authority terminates the employee/volunteer and the employee/volunteer sues the hiring authority for disability discrimination. This sounds very much like what could’ve been the case with the former Mayor of San…
Title II, employment, and essential eligibility requirements
Before we get started on the blog entry, I want to thank everyone for their readership. This week, we should surpass the 1000 visitor mark. Also, we have now surpassed the 10,000 view mark. Thanks!!!!!!!!!!!
This blog entry explores whether title II of the ADA applies to employment issues, and how do you go about…
All by myself (with apologies to Eric Carmen): to file suit under title III of the ADA, do you have to first exhaust administrative remedies?
Title I of the Americans With Disabilities Act requires that a person seeking to file a claim for employment discrimination must first file a claim with the EEOC or a substantially equivalent state agency and receive a right to sue letter before proceeding in court. What if you wish to file a claim under title…
Key Issues in Title III of the Americans with Disabilities Act
Title III of the ADA requires that any new buildings, after 1992, be built in accordance with strict architectural guidelines that mandate accessibility for persons with disabilities. Also, any renovations to buildings, whether the building is built before 1992 or otherwise must be made in a way so that the renovations are accessible to persons…
The ADA doesn’t reach everywhere
The ADA is an extremely complex and comprehensive law. The temptation is to think that the ADA applies whenever a person with disability has their rights arguably infringed. However, that just isn’t the case. The situation may be governed by other laws. For example, if a person has an individual education plan, the law that…