Today’s blog entry is a two-for-one dealing with the fact that definitional terms still matter even after the amendments to the ADA. In the first case, Colton v. Fehrer Auto, North America, LLC, we revisit the question of whether being short is a disability without more. In the second case, Darby v. Childvine, Inc.
Sutton v. United Airlines
Illinois Assistance Animal Integrity Act
By William Goren on
One thing I have noticed with the pandemic is that legal bloggers have shifted what issues they are talking about to anything related to Covid-19. That said, there are other issues besides Covid-19 going on. For example, service animals and emotional support animals in housing. I am aware of reports from those in university towns…
Just Don’t go There or Even Hint at it: Alleging working as the Major Life Activity
By William Goren on
Posted in General
I am back from the Windy City. We had a good time. We did the family thing. We got some time to ourselves as well. The weather was not too bad.
Before moving on to the blog entry of the day, my wife and I are huge Queer Eye fans. A new season of…
Legal Malpractice Risks and the ADA
By William Goren on
Posted in General
Previously, I have talked about how the EEOC if it wasn’t the EEOC would have committed legal malpractice in the case we talked about here. From going through my search engine, it doesn’t seem like I have talked about where the legal malpractice risks are with respect to the ADA. In going through my…
Causation Under ADA and Rehabilitation Act and a Bonus: LGT Goes to Supreme Court
By William Goren on
Posted in General
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…
ADA and Professionalism Issues
By William Goren on
Posted in ADA, Constitutional law, Federal Cases, Guidances, Rehabilitation Act, Title II, Title III
Hope everybody had a great Labor Day weekend. Today’s blog entry discusses the professional obligations associated with a person with a disability in litigation. I can’t tell you how often I get a call from a person, generally a couple of times a week, talking about how the court system is not accommodating their disability.…
ADA and ADA Related Cases at the Supreme Court: Where They Have Been and What Is Next
By William Goren on
Did you know that persons with disabilities are undefeated at the Supreme Court when it comes to title II and title III matters? It’s true.
Let us explore the ADA and ADA related cases that have been before the United States Supreme Court since the ADA went into effect. If I have this figured right,…
Bet You Didn’t Know That Alberson’s v. Kirkingburg Was Still Good Law
By William Goren on
Today’s case, Bibber v. National Board of Osteopathic Medical Examiner, Inc., a decision that came down April 11, 2016, from the U.S. District Court for the Eastern District of Pennsylvania is ostensibly about one thing but turns out to be about something else. That is, it raises the real question as to whether Albertson’s…
The Double Whammy of Pregnancy and Disability after Young v. UPS: EEOC Steps in
By William Goren on
This is an update to the blog entry that I previously posted. I am revising it because upon further review, it is NFL season after all (Go Falcons!; Go Cubs too!), I realized that confusion was created over when the amendments to the ADA went into effect versus when the final regulations of the ADA…
Changing Role of Expert in ADA Matters?
By William Goren on
I
Intro
Prior to the amendments to the ADA, a person with a disability had to prove that they had a physical or mental impairment that substantially limited a major life activity. A person with a disability still has to prove that. However, before the amendments a person under Toyota Motor Manufacturing, Kentucky v. Williams …