Before we get started on the blog entry of the day, a couple of housekeeping matters are in order. First, you may be wondering why my website/blog site and my professional email went down last week. The company that was hosting my website was bought out by another company, and there were some mechanical things
title II
Just When Does The Statute of Limitations Begin to Run in a Failure to Accommodate Claim and Other Issues
By William Goren on
As everyone knows, my blog entries usually go up on Monday of a given week. Obviously, I missed last week. Last week my daughter was on break and my wife also took the week off. So, lots of family things going on. We also have out-of-town company in for an extended weekend, but I am…
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.…
McDonell Douglas Dead or Alive?
By William Goren on
As everyone knows, I keep a list of my favorite blogs in my blogroll section. One of those blogs on the list is Jonathan Hyman’s Ohio Employer’s Law Blog, An ABA Blawg 100 Hall of Fame Blog. I highly recommend it. Jon has a very unusual perspective on labor and employment law. In a recent…
Compliance with the ADA When Arresting and Qualified Immunity
By William Goren on
Today’s case discusses the issue of just when is an arrest out of compliance with the ADA. There is also a nice little bonus of qualified immunity as well. The case is Trujillo v. Rio Arriba County ex rel. Rio Arriba County Sheriff’s Department, 2016 U.S. Dist. LEXIS 96797 (D. N.M. June 15, 2016).…
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,…
ADA/Rehabilitation Act Applies to Externship, Internship, and Practicum Sites
By William Goren on
I am back from a week of doing the family thing in Chicago. Of course, I need a vacation. That said, nothing like relaxing by putting up a new blog entry. That said, for reasons I don’t know when I pasted the entry from word into the appropriate box in word press (word press is…
NCAA Mental Health Best Practices and the ADA
By William Goren on
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NCAA Mental Health Best Practices and the ADA
Recently, the NCAA came out with best mental health practices for student athletes. Those best mental health practices can be found here. What I am particularly concerned with is Appendix F, which has all kinds of screening questions designed to assess whether a student athlete has…
Can a Reasonable Modification Request Be Per Se Unreasonable?
By William Goren on
Today is March madness. So, I want to wish everyone and their teams good luck in both the men’s and women’s tournament as well is in the men’s and women’s NIT tournament. Also, congratulations to an alum of my high school, Merrick Garland, on being nominated to the United States Supreme Court. While we attended…
Let’s Talk Voting: Absentee Ballots and the ADA
By William Goren on
It is shaping up to be a very interesting election year. In honor of the election theme, today is right after the Republican Nevada caucus with super Tuesday coming up next week, today’s case is a case out of the Fourth Circuit, National Federation of the Blind v. Lamone, which discusses whether the Maryland…