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
summary judgment
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…
How might you know when more leave is a reasonable accommodation once FMLA leave has been used up?
By William Goren on
Posted in Federal Cases, Title I
There are several laws out there that intersect with the Americans with Disabilities Act. One of them is the Family and Medical Leave Act (FMLA). That law intersects with the Americans with Disabilities Act in a variety of ways. I am not going to explore all of those ways in this entry. What I do…
Defending essential functions
By William Goren on
I recently relocated my office. Therefore, that is why you haven’t seen an entry in a little bit. I am now settled in and will get back to regular blogging. Thank you for bearing with me.
With the amendments to the Americans with Disabilities Act, litigation will now shift from whether a person has a…
Class is in session: Does the Defendant Have a Right to Know Who Is Enrolled
By William Goren on
Posted in Federal Cases, Title I
Before anyone can file a suit alleging a violation of the Americans with Disabilities Act, they first have to exhaust administrative remedies. That means they have to file a claim with the EEOC first. In some cases, a plaintiff files a claim with the state discrimination authority and that claim gets cross filed with the…
Help wanted: ASL practitioners
By William Goren on
Posted in Title II
A fascinating case, Belton v. Georgia, 2012 WL 1080304 (N.D. Ga. March 30, 2012), recently came down from the northern district of Georgia. In this case, two people who were both deaf and suffered from mental illness sued the state of Georgia because the state of Georgia simply was not set up to accommodate…