January 2013

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

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

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