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
statute of limitations
EEOC v. Army Sustainment LLC: A Bunch of Stuff to be Aware of
Before getting started on the blog entry of the day, I wanted to point out that the White House issued a memorandum detailing how agencies should go about Internet accessibility. The document, which can be found here, is basically a best practices guide for executive agencies with respect to their Internet sites. Of particular…
Hostile Environment Claims Based Upon Disability
Before getting started on the blog entry for the week, I do want to note that the Supreme Court just granted certiorari in a case, Loper Bright Enterprises v. Raimondo, asking the question of whether Chevron deference should be overruled. I read the appellate decision yesterday, the Supreme Court does not necessarily have to visit…
The Greatest Hits 2022 Edition
Today’s blog entry is my yearly wrap up of the most popular blog entries for 2022. As I always do, there are some additional blog entries that I keep in the greatest hits category due to what I believe is their significance even though they may not be the most popular. With respect to the…
When Must a Person with a Progressive Disability File Suit: Title II Version
Today’s blog entry deals with the question of what happens when you have an individual with a progressive disability who becomes aware of inaccessibility of a public entity’s facilities. When he becomes aware of inaccessibility issues by the public entity, he files suit but then withdraws it because the accessibility issues are not a problem…
ADA Pleading Tips
Happy new year everybody. Hope everybody enjoyed their holiday and is now raring to get back to work. Just to give everybody a heads up, the week of January 28 and February 3 may not see a blog entry for me at all. During those two weeks, I will be testifying in two different trials…
2019 Understanding the ADA Blog Greatest Hits
It is time for my annual greatest hits blog entries of the year. Before getting to the greatest hits blog entries of the year, a few blog entries are so important that they make it every year regardless of where they fit in the greatest rankings. Those blog entries are: ADA compliance in higher education,…
ADA Statute of Limitations and What Does Due Process Look Like at a Public College or University
Today’s blog entry explores the question of when does a statute of limitations begin to run in an ADA case not dealing with a failure to accommodate. It also explores the question what might an ADA grievance procedure look like. Our case of the day is Endres v. Northeastern Ohio Medical University decided by the…
Repeated Violations Doctrine
This is a situation I see all the time. Let’s say you are at a university. A student goes to disability services, gets an accommodation plan, even gives it to the teacher. The teacher resists. The student may or may not try to fix it until later in the semester figuring that something will develop.…
Judge Kavanaugh and Persons with Disabilities
Before getting started on the blog entry of the week, next week is the Jewish new year. I want to take the opportunity to wish all of my Jewish brethren a happy and healthy new year for them and their families. It also means that no one should be surprise if the blog entry for…