One of the confusing issues out there is the difference between a service dog, emotional support animal, and a therapy dog and why it matters. 28 C.F.R. § 35.104 and 28 C.F.R. § 36.104 (the sections of the federal regulation that apply to service animals for public entities and for places of public accommodations respectively),
title III
ADA and the Applicable Statute of Limitations
By William Goren on
The whole idea of the statute of limitations is to prevent stale claims. Just about everything has a statute of limitations (the only two exceptions that I can think of our claims arising under USERRA and capital murder claims). The ADA does have statute of limitations to deal with, though it is not stated in…
Getting to first base: what you need to show standing in title II or title III cases
By William Goren on
In our system, the judiciary, in general, does not render advisory opinions . There are a couple of exceptions. Some states have a system, such as Massachusetts, whereby a legislature can request an advisory opinion from their Supreme Court with respect to the constitutionality of proposed legislation. A couple of other instances look like advisory…
Air Carrier Access Act revisited: just what is preempted?
By William Goren on
Previously, I have written two different blog entries dealing with the Air Carrier Access Act. In the first, I talked about whether a private cause of action existed. In the second, I talked about whether the Air Carrier Access Act regulations being so pervasive preempted state laws. This entry concerns a slightly different issue.…
Before doing a postemployment medical exam, do you need reasonable suspicion, probable cause, good cause, none of the above?
By William Goren on
Posted in Federal Cases, Title I
The ADA requires that an entity subject to the act cannot require a medical examination and cannot make inquiries of an employee as to whether that employee is an individual with a disability or as to the nature of the severity of the employee’s disability unless that examination or inquiry is job-related and consistent with…
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…
Enshrinement of unfair advantage as a legal standard: OCR, 504, and Sports
By William Goren on
For years (every edition of my book starting with the very first edition published in 2000 has had a chapter on the ADA and sports), I’ve written about how the ADA applies to sports. The United States Department of Education Office of Civil Rights has just issued a guidance dealing with their section 504 regulations…
The violation of a regulation implementing the ADA create a private remedy
By William Goren on
Over the years, it isn’t often that I see a missed opportunity (see below for a further discussion of whether an opportunity was really missed here), by a defendant in an ADA case to make a plaintiff’s litigation more difficult when the law allows them to do so. It is possible (though a for sure…
Key Issues in Title III of the Americans with Disabilities Act
By William Goren on
Posted in Final Federal Regulations, Title III
Title III of the ADA requires that any new buildings, after 1992, be built in accordance with strict architectural guidelines that mandate accessibility for persons with disabilities. Also, any renovations to buildings, whether the building is built before 1992 or otherwise must be made in a way so that the renovations are accessible to persons…
Title III: it may be cheaper to fix it
By William Goren on
Posted in Final Federal Regulations, Title III
Under title III of the Americans with Disabilities Act, the only remedy the plaintiff can get is injunctive relief and attorneys fees. The court may also fine violators up to $50,000 for a first violation and up to $110,000 for each subsequent violation. Attorney fees are only available if the person prevails. What does it…