Before starting the blog for this week, a couple of preliminary matters. First, about a month ago, I hit 300 blog posts. I simply could not do it without the loyal readership of the people here. Thank you! Also, my last blog entry dealing with animals on planes really took off. The Texas Bar informed
summary judgment
ABA 100 and Fundamental Alteration Defense in Academia
By William Goren on
I hope everyone had a happy Thanksgiving.
Before getting started on our blog of the week, I first want to pass on some great news about the blog. Thanks to our very generous readers, my blog made the ABA 100 once again. It is the fourth year in a row for us. I simply could…
Telecommuting as a reasonable accommodation: EEOC v. Ford Motor Company en banc Decision
By William Goren on
In a comment to this blog entry, I discussed the panel decision of the Sixth Circuit in EEOC v. Ford Motor Company where the panel held that telecommuting was a reasonable accommodation. Before proceeding further, I want to thank Jon Hyman for alerting me through his blog that the en banc decision came down…
Since ADA is a nondelegable duty, does that mean indemnity is dead?
By William Goren on
In a previous blog post, I wrote about a case involving a major resort in Las Vegas Nevada that hired somebody to help ensure that its resort modifications were in compliance with the Americans with Disabilities Act. When it turned out that those modifications were not in accordance with the ADA and the resort…
What do you have to show to get damages under title II of the ADA?
By William Goren on
With respect to title II of the ADA, and title I for that matter as well, the only way you can get damages is to show intentional discrimination. With respect to suing a governmental entity for violations of title II, what exactly is it that you have to show to get damages? A recent Rehabilitation…
I wanna be a lifeguard with apologies to blotto part 2
By William Goren on
In a prior blog entry, I talked about a case out of Michigan whereby the District Court granted summary judgment to the County when the county refused to hire a person who wanted to be a lifeguard because he was deaf. Well now the Sixth Circuit has weighed in and has reversed the district…
Some thoughts on retaliation and the ADA
By William Goren on
42 U.S.C. § 12203(a) prohibits retaliation against an individual opposing any act or practice that violate the ADA or because the individual made a charge, testified, assisted, or participated in any manner an investigation, proceeding or hearing. Over the last few weeks, I have come across a few cases in the retaliation area that deserve…
Intersection between the FMLA and the ADA as amended: how it can get you in trouble
By William Goren on
Over the years, lots of people have written about the intersection between Family and Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA), myself included. You simply cannot deal with the ADA and not be aware of the FMLA and vice-versa. Some of the things to be aware of is that the FMLA…
ADA compliance as a nondelegable duty
By William Goren on
People who are covered by the Americans with Disabilities Act (ADA) have an obligation to comply with its myriad requirements. The question becomes can that obligation be delegated to someone else? That is, let’s say you are a major hotel and you are building out/renovating the hotel in a big way. You hire a firm…
Lessons learned
By William Goren on
Some cases are excellent for providing a roadmap on what to do, other cases are good for getting new lessons so that you can take preventive steps to not run down that path. The particular case here is one of the latter. In Peters v. University of Cincinnati College of Medicine, 2012 WL 3878601…