The Blog of William D. Goren, J.D. LL.M.
The bloggosphere reports that the City of Lomita California has asked the full Ninth Circuit to rehear the ruling in this case. As is traditional with me, the blog entry is divided into parts: facts, court’s reasoning, and chances en banc/takeaways. The reader is free to focus on any or all of the parts.
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This week’s blog entry is a twofer. In the first case, we will discuss whether magic words are necessary for getting a reasonable accommodation. In the second case, we will discuss what I believe is the long-term folly of not going the extra mile when it comes to making a place of public accommodation accessible.…
In a comment to a previous blog entry, I discussed the case of Gipson v. Popeye’s Chicken and Biscuits. In that case, the Northern District of Georgia said that considering what police have to do, it wasn’t right to impose ADA liability on the police since the police are not lawyers and have…
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What is a good faith interactive process?
The ADA requires an interactive process whenever a person with a disability gives the employer, governmental entity, or business notice (broadly defined), that they are in need of reasonable accommodations/modifications as a result of a disability. What would a good faith interactive process look like in the…
In a previous blog entry, I discussed the case of the National Association of the Deaf v. Netflix, a decision from the District Court in Massachusetts. In that discussion, I expressed surprise that not only did Netflix not appeal, they settled for $900,000. The reason I expressed surprise was that this case broke…
My usual practice is to put up a blog entry on Mondays. However, Monday is Memorial Day, and so I thought I would put up a blog entry today, especially since there has been some big news this week. In particular, the Department of Fair Employment and Housing of the State of California, United States…
Jon Hyman’s blog is in my blogroll and I want to thank him for calling to my attention the case of Sjostrand v. The Ohio State University. Jon, as always, did a great job in his blog entry, but I want to take a different approach. What I want to discuss is how this…
This particular blog entry will look at possible defenses that may be raised in a title II case. As is usual, there are different categories. Here we have case of the week, the court’s response to the arguments raised by the defendants in the case, and takeaways. Feel free to focus on any and/or all…
I want to wish all those celebrating Passover, which started yesterday, and Easter, which is Sunday, a happy holiday.
This blog entry is divided into separate categories, but unlike my usual system, the categories are little bit different. Here we have: introductory comments, the case that is the subject of this blog entry (Burrage…
Recently, I talked about a decision from the 11th circuit which displayed a very good understanding of disability, in that case deafness, in a way that you do not often see in judicial decisions. Oftentimes when you are reading a case, you wonder whether a judge gets “disability,” so to speak. This particular blog entry…