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Fair Housing Act

Just where are ESA and service animals allowed on college and university campuses? The true false Analysis

June 13, 2018 by William Goren 9 Comments

I am a little bit late with an entry this week. However, I have a good excuse. My 14-year-old daughter went off to overnight camp for the first time. She will be gone 4 weeks! That leaves my wife and I empty nesters. This is going to take some getting used to.

The blog entry of the week is actually an Office of Civil Rights Letter dated July 15, 2016, that appeared in the Disability Compliance for Higher Education publication by Wiley, which I highly recommend for anyone dealing with disability compliance issues in higher education. There are lots of lesson to be learned from that letter. Also, there is a statement made in there that has everyone hopping, and we will discuss that. As usual, the blog entry is divided into categories and they are: true or false; answers; how well did you do; and explanations. While there are a bunch of categories, I can’t see why you wouldn’t read the whole thing.

I

True or False

  1. If a student refers to her dog as a pet even though she says it is needed to accommodate a disability, one can automatically deem it a pet.
  2. Only two questions are allowed if it is not obvious that the dog is a service dog.
  3. An emotional support animal can never be a service dog.
  4. Reasonable documentation can be obtained to assess whether an animal is an emotional support animal.
  5. Reasonable documentation cannot be asked for in order to assess whether a dog is a service dog outside of the employment context.
  6. A person with a service dog or an emotional support animal must carry an ID card certifying that the animal is a service animal or an emotional support animal.
  7. A College or University can take action if the dog is behaving in an out-of-control manner.
  8. A dog that fends off impending anxiety attacks of a student by licking her face and pawing at her to let her know that an anxiety attack is likely to occur is a service dog.
  9. A college may not require an individual to register a service animal.
  10. Emotional support animals are only applicable to residential facilities in campus housing pursuant to the Fair Housing Act.
  11. A) While comfort animals are not considered service animals under the ADA, they may be considered a necessary accommodation under §504; B) an institution has the obligation to engage in the interactive process… C) to assess an individual’s need for this accommodation. This is the statement referenced above.
  12. Emotional support animals can include other animals besides dogs.

II

Answers

  1. False
  2. Unclear
  3. False
  4. True
  5. True
  6. False
  7. True
  8. True
  9. True
  10. True
  11. A) not buying; B) true; C) not buying with respect to emotional support animal throughout campus.
  12. True

III

How well did you do?

If you got all 12 right, consider yourself best in show.

If you got 10 right, consider yourself as winning best in your group, but you want to move up to best in show certainly.

If you got 7-9 right, consider yourself as winning best in breed, but you certainly want to move up to winning your group and eventually best in show.

If you got below seven right, you need to have a trainer come in and/or consult knowledgeable legal counsel.

 

III

Explanations

  1. A student may not realize the difference between a pet and a service dog under the ADA. To the student, they may think of their service animal as a pet. When it comes to determining whether it is a service dog, what they think is not dispositive. The question is whether the dog has been trained to engage in recognition and response.
  2. We have discussed this issue in this blog entry. As I mentioned in that blog entry, my original understanding was that only two questions are allowed. If you look at the Department of Justice frequently asked questions publication, it uses the term, “only,” as does the OCR letter. On the other hand, how can you engage in the interactive process, which you are required to do under titles I-III, if you are so limited in the question you can ask even when narrowly focused follow-up questions can be posed if the answers are unclear?
  3. If a person is using a dog as an emotional support animal, it’s entirely possible that it also could be a service dog if it is acting in recognition and response mode and has been trained to do that.
  4. The Fair Housing Act does allow for reasonable documentation to be obtained to assess whether an animal is an emotional support animal.
  5. The ADA final implementing regulation do not allow for documentation to assess whether a dog is a service dog outside of the employment context.
  6. A person with a service dog or an emotional support animal cannot be required to carry documentation stating that the animal is a service animal or an emotional support animal.
  7. If a dog is behaving in an out-of-control manner, then action to exclude the service dog can be taken. The owner of the service dog is responsible for its care and handling.
  8. This dog is engaging in recognition and response and clearly has been trained to do that. Keep in mind, professional training is not necessary for the dog to be a service dog.
  9. Nothing wrong with a voluntary registration process. The problem with that approach is that voluntary often turns into mandatory. Also, since the questions for service dogs are so limited, a voluntary registration process may lead to people asking questions they are not allowed to ask.
  10. The Fair Housing Act applies to dormitories as we discussed here. It does not apply to the rest of the College and University. For the rest of the College and University, it would be the ADA (title II or title III), and §504 of the Rehabilitation Act. Accordingly, emotional support animals can be limited to residential facilities in campus housing. See also ¶ 11 below
  11. A) comfort animals are not considered service animals under the ADA; B) institution to have the obligation to engage in interactive process with respect to a student with a disability; and C) an institution does not have the obligation to engage in the interactive process with respect to allowing the emotional support animal throughout its campus despite what this letter from the Office of Civil Rights says. In particular, nothing in title II or title III DOJ’s final implementing regulations suggest emotional support animals must be allowed everywhere. In fact, the inference is exactly the opposite. Also, nothing in the §504 regulations suggest that emotional support animal should be allowed everywhere. Finally, since there are no regulations that have gone through the proper commenting process dealing with §504 and emotional support animals, I don’t see how a court would give deference to the interpretation of this regional office of OCR with respect to emotional support animals possibly being allowed everywhere. In short, to my mind, a College or University is on very solid ground in restricting an emotional support animal to the dormitories/living facilities.
  12. The Fair Housing Act allows for animals besides dogs to be emotional support animals. Colleges and universities are given latitude with respect to animals that pose a health or safety risk to others. You also want to make sure you check your local and state laws regarding animals that are permissible in dwellings.

Filed Under: ADA, Fair Housing Act, Final Federal Regulations, Title I, Title II Tagged With: §504, ADA, colleges, comfort animals, Department of Justice frequently asked questions, DOJ final implementing regulations, dormitories, emotional support animal, fair housing act, interactive process, letter to Delaware technical community college, office of civil rights, out-of-control, reasonable documentation, recognition and response, service animals, service dog, title I, title II, title III, universities

Animals at Home and on Planes: The Oklahoma and DOT Views

May 30, 2018 by William Goren Leave a Comment

Col. Johnny

Hope everyone had a happy Memorial Day weekend. I have mentioned from time to time that I use a service dog in the house. But what does he look like? The above picture is the answer. Say hello to Col. Johnny, a four-year-old miniature poodle.

Today’s blog entry is about animals. I thought it would be interesting to look at recent Oklahoma legislation and then, explore a recent enforcement guidance from the Department of Transportation on Nondiscrimination on the Basis of Disability in Air Travel issued on May 23, 2018. DOT is also seeking comment on that. As usual, the blog entry is divided into categories and they are: Oklahoma legislation; my thoughts; DOT interim statement of enforcement priorities; and my thoughts on DOT’s enforcement guidance. The reader is free to focus on any or all of the categories.

I

Oklahoma Legislation

The Oklahoma legislation recently signed into law, HB 3282, and effective November 1, 2018, focuses on service animals and emotional support animals in the context of landlord and tenants. It isn’t a long piece of legislation. Its salient points are:

  1. “Assistance animal,” encompasses both what the ADA calls a service animal as well as an emotional support animal.
  2. If the person making the request has a disability or disability-related need for an assistance animal that is not readily apparent, then the landlord may request reliable supporting documentation that: 1) is necessary to verify the person meets the definition of disability under the Fair Housing Act; 2) describes the need for the accommodations; and 3) shows the relationship between the person’s disability and the need for the requested accommodation.
  3. The landlord can independently verify the authenticity of any supporting documentation.
  4. Supporting documentation acquired through purchase or exchange of funds for goods and services is presumed to be fraudulent supporting documentation.
  5. A landlord is not liable for injuries by a person’s assistance animal permitted on the landlord’s property as a reasonable accommodation to assist the person with disability.
  6. A person knowingly making a false claim of having a disability requiring the use of an assistance animal or making a claim by knowingly providing fraudulent supporting documentation in connection with such a claim, subjects themselves to procedures under the Oklahoma residential Landlord and Tenant Act, 41-132. Further, if the landlord proceeds to evict that person and prevails in the eviction, the court can award costs and fees, plus damages not to exceed $1000 from the tenant.

II

My Thoughts

  1. My concern with this legislation is ¶ 4. Presumably, whenever a physician or provider provides a note for an individual with a disability to support a service animal or an emotional support animal, one would think that there is a charge for that service. The plain language of this particular provision would make it impossible for such documentation to be obtained unless the provider did it for free. Obviously, the concern with the legislation was to stop people from buying documentation or vests from online suppliers without any individual analysis from a qualified professional being done first. However, the plain meaning of the legislation seems to go a lot further than that.
  2. Since any documentation or goods obtained through an exchange of funds is presumed fraudulent, that puts the burden of proof on the person with a disability to prove that the animal is an emotional support animal or a service animal. The plain meaning of the statute is such that a landlord can now force a person with a disability to go through legal proceedings first before they allow a service animal or an emotional support animal. Again, that could not have possibly been the intent of the legislation, but it literally suggests that. Such a reading arguably also interferes with federally protected rights, which do not contain any such requirements.
  3. I am not an Oklahoma attorney. So, be sure to consult one if you have any questions on this law.

III

Department Of Transportation’s Interim Statement of Enforcement Priorities

  1. Comments on the interim statement of enforcement priorities are due June 7, 2018, next week.
  2. DOT intends to exercise its enforcement discretion by focusing its resources on ensuring that U.S. carriers continue to accept the most commonly used service animals (dogs, cats, and miniature horses), for travel. Other kinds of animals will be enforced by DOT on a case by case basis.
  3. DOT is okay if airlines limit passenger to transporting one emotional support animal, and they are okay if airlines limit passengers to transporting a total of three service animals. So, what this means is that DOT is okay if airlines adopts a policy allowing a person to take anywhere between 1, 2, and or 3 service animals with them.
  4. With the exception of emotional support animals and psychiatric service animals, carriers may not otherwise require advance notice for passengers traveling with service animals.
  5. When deciding to accept an animal as a service animal, airlines have to determine both whether the passenger is an individual with a disability and whether the animal is a service animal.
  6. If a person’s status as an individual with a disability is unclear, i.e. not clearly visible, then the airline personnel may ask questions about the passenger’s needs for a service animal. Such a question might be, “how does your animal assist you with your disability?” A credible response mean that the passenger had given enough information to establish that he or she is a person with a disability and that the animal is a service animal. Airlines have a right to insist on the verbal assurance that the animal is a service animal in addition to any documentation.
  7. DOT will act if an airline requires that a passenger with a service animal check in at the ticket counter since passengers without a service animal do not have to do that.
  8. DOT intends to clarify what constitutes a direct threat through the rulemaking process.
  9. DOT will not pursue enforcement actions against airlines should they require proof of the animal’s vaccination, training, or behavior with respect to emotional support animal and psychiatric service animals.
  10. DOT will not take action against carriers imposing reasonable restrictions on the movement of emotional support animals in the cabin so long as the reason for the restriction is the concern for the safety of other passengers and crew. Restrictions may include requiring that the animal be placed in a pet carrier, the animal stays on the floor at the passenger’s feet, or requiring the animal to be on a leash or tether. The particular restriction should be appropriate for the animal’s size.

IV

My Thoughts on DOT Interim Enforcement Guidance

  1. To my mind, it is completely arbitrary to distinguish between service animals and psychiatric service animals. Both animals are service animals and the requirements should be the same for both. That is not the case as things stand now under the Air Carrier Access Act. It is the case under title II and title III of the final ADA implementing regulations.
  2. It will be interesting to see how direct threat comes up. A good place to start would be Chevron v. Echazabal.
  3. If through rulemaking it was decided that emotional support animals are out, Sen. Burr’s from North Carolina bill for example, a lot of people who would need an emotional support animal to fly on the plane simply will not fly and will need to take other transportation.
  4. DOT does not actually say in its enforcement guidance how to figure out whether an animal is a service animal. However, by the questions they suggest, they clearly seem to be focusing on establishing the animal as engaged in recognition and response in a way related to a person’s disability.

Filed Under: ADA, Fair Housing Act, Final Federal Regulations, Guidances, Title II, Title III Tagged With: ADA, advance notice, air carrier Access act, airline, arbitrary, assistance animal, Chevron v. Echazabal, Department of Transportation, Department of Transportation interim enforcement guidance, direct threat, emotional support animal, enforcement action, Enforcement discretion, fair housing act, HB 3282, Oklahoma, plane, psychiatric service animal, reasonable restrictions on movement, recognition and response, Sen. Burr, Service animal, title II, title II final implementing regulations, title III, title III final implementing regulation

Using Common Sense for Service Animals and Essential Eligibility Requirements

May 21, 2018 by William Goren 7 Comments

818181

In law school, there is a saying that a student goes in with common sense and comes out with common law. However, there is still room for common sense in the law. Today’s blog entry is actually a two-for-one: service dogs with respect to title II and title III, and essential eligibility requirements. As usual, the blog entry is divided into categories and they are: common sense comes to service dogs; common sense and essential eligibility requirements introduction; Coleman v. Zatechka facts; court’s reasoning as to why plaintiff was qualified/otherwise qualified; and takeaways. The reader is free to focus on any or all of the categories.

I

Common Sense Comes to Service Dogs

On Friday of last week, a group of people with the Association of Higher Education and Disability were in town to do training. I have been a member of that group for several years now. The group focuses on helping people in disability services at colleges and universities be the best they can be. At that meeting were: Paul Grossman, Esq., an attorney with over 40 years of experience with the Office of Civil Rights of the US Department of Education now retired from OCR and now on his own; Jamie Axelrod, current president of AHEAD and head of Disability Services for the University of Northern Arizona; L. Scott Lissner, past president of AHEAD and head of Disability Services for The Ohio State University; Mary Lee Vance, Interim Director of Disability Services at Orange Coast College and past board member of AHEAD. Naturally, we got on the topic of service dogs. The people around the table without exception took the position that follow-up questions are permitted when it comes to ascertaining whether a dog is a service animal under title II and title III of the ADA when the disability is not obvious. Since there is nothing in the regulations suggesting follow-up questions are allowed, the question became what reasoning supports such a view. The answer made a lot of sense. That is, title II and §504 of the Rehabilitation Act by case law require an interactive process. Accordingly, dismissing a dog out of hand when the answers are not clear means you are not engaging in the interactive process. So, narrowly focused follow-up questions make sure that the requested accommodation is being denied properly after engaging in the interactive process.

Also, from a preventive law point of view, this approach makes a great deal of sense. It shows the person with a disability that the entity is trying to work with the individual to respect their needs and at the same time comply with the law. So, if after the narrowly focused follow-up questions, the animal winds up being a service animal, then everyone wins. If after those questions, the animal is not a service animal, then you have justifiably denied the animal, and most people will walk away with the notion that they have been treated fairly even if it didn’t work out for them. Note, if it is an emotional support animal rather than a service animal, then it still may be possible to have that animal on campus under the Fair Housing Act and under §504 of the Rehabilitation Act.

Finally, there was some talk around the table as to whether §504 mandates allowing emotional support animals in places other than the dormitories. Apparently, the §504 regulators have intimated as much, though nothing formal exists. It is hard to believe with all the blowback with emotional support animals of late, anything formal to that effect would be coming online soon. I also don’t see how such a view is consistent with the title II and title III DOJ regulations.

II

Common Sense and Essential Eligibility Requirements Introduction

AHEAD also has some great listservs. On one of those, the question came up as to whether a person with a disability could insist on having a roommate in the same way as any other college student without a disability could have. When I saw that, I responded with this: 42 U.S.C. §12182(b)(1)(A)(ii) provides:

“It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.”

III

Coleman v. Zatechka Facts

Another individual on the listserv posted Coleman v. Zatechka, 824 F. Supp. 1360 (D. Neb. 1993).

The plaintiff was a 21-year-old student attending the University of Nebraska Lincoln and had cerebral palsy. She needed a personal attendant to assist her with dressing, showering, and toileting. Since she wanted a roommate to get the most out of the college experience, she completed and submitted the residence housing contract application indicating that she wanted a double room in a certain dormitory and preferred a non-smoking roommate. When she requested a double room and did not specify a particular roommate, she expected that her name would be placed in the pool of roommate candidates, and then she would be randomly assigned a roommate by the University Nebraska Lincoln housing department per their usual procedure. The Residence Hall Handbook said that roommate assignments would not be made on the basis of handicap (remember, this was 1991). Finally, she was admitted to the University, and there was no dispute that since she completed and submitted the residence housing contract application requesting a double room, she met all the requirements necessary to be randomly assigned a roommate.

It turns out that University Nebraska Lincoln had a policy saying that students with disabilities or special medical considerations needing personal attendant service, nursing care, or trained animal assistance would not get a roommate absent a mutual room request. The policy was a blanket policy with no individualized inquiry made when a student with a disability requested a roommate. That is, no individualized inquiries were made with respect to the extent of the student’s disability, the dimension of any equipment necessitated by the disability, or the number, duration and nature of any necessary personal attendant visits.

The University then did all kinds of things to try and get someone to be the student’s roommate. None of them worked. The University also repeatedly told plaintiff that she was free to have a roommate, but that it would not require another student to be her roommate. So, plaintiff originally filed a complaint with the United States Department of Education Office of Civil Rights and then withdrew it in favor of filing the lawsuit.

IV

Court’s Reasoning As to Why Plaintiff Was Qualified

  1. The only academic requirement for participation in the roommate assignment program is admission to the University.
  2. The only nonacademic criteria essential for participation in the roommate assignment program is submission of a completed residence hall contract application requesting a double room and not specifying a particular roommate.
  3. The defenses raised by the University are subject to the ADA’s screen out provisions, which can be found at 28 C.F.R. §35.130(b)(8).
  4. Defendant’s argument that plaintiff uses more than an equal amount of space in a double room than a student without a disability doesn’t wash because: 1) no individualized inquiry was conducted to determine the amount, size, or location of the equipment used by the plaintiff, rather the defendant simply made an assumption. The ADA prohibits using assumptions rather than facts and conclusions made from an individualized inquiry; 2) defendant’s challenged policy allowed students in wheelchairs to have roommates so long that they did not require attendant care or a trained animal. Accordingly, the wheelchair utilizing too much physical space argument simply doesn’t make any sense; and 3) the concern about the utilization of physical space is not a concern applied to students without disabilities. Accordingly, the equal amount of space is not necessary to the roommate assignment program and was not an essential eligibility requirement that a student must meet in order to be qualified to participate in the program.
  5. Defendant’s argument that plaintiff cannot receive frequent daily visitors that might disrupt a roommate’s solitude doesn’t wash because: 1) plaintiff’s personal attendant visits are not unusually disruptive. Two of the three daily visits are relatively brief with a good portion of those visits involving the personal attendant and the plaintiff not even being in the dormitory room. Also, the daily visits are scheduled, predictable, and amount to nothing more than assisting plaintiff in the daily routine of dressing, showering, and toileting, which is something all roommate do. No medical care is provided during the visits and no evidence existed as to why the roommate could not remain in the room during the entire visit if she wished; 2) any such disruptions are common disruptions present in all roommate situations regardless of whether roommate has a disability. It isn’t unusual for roommate to awaken or retire at different times due to class schedules or personal preference. Further, the nature of dormitory living requires roommates needing to be tolerant of each other’s sleeping habits and accept the fact they are not always operating on identical schedules; 3) roommates regardless of disabilities are required to tolerate frequent visitors. That is, frequent daily visit do not uniformly disqualify students without disabilities from participation in the roommate assignment program and they should not disqualify a plaintiff with a disability from participation in the roommate assignment program; 4) plaintiff has some degree of flexibility as to when and where the attendant care visits take place. For example, she was willing to modify the times her personal attendant arrived so her roommate was less likely to be disturbed by the visit. Accordingly, disruption of solitude cannot properly be considered an essential eligibility requirement that a student must meet in order to participate in the roommate program.
  6. If defendant’s essential eligibility requirements arguments were actually intended to screen out undesirable roommate candidates using too much space or having frequent daily visitors, one would expect to see those requirements apply to all students are asking for an assigned roommate, which is not the case. So, the additional requirements are not essential to the roommate assignment program. Instead, they are nothing more than an attempt to legitimize a policy of excluding students with disabilities from the roommate assignment program.
  7. A blanket policy of excluding certain persons with disabilities from the roommate program violates both the Rehabilitation Act and the ADA.
  8. While a school might have a policy allowing students with disabilities to live in single rooms because of being uncomfortable with an assigned room due to attendant care visits, nothing in the Rehabilitation Act or the ADA requires a plaintiff to accept such accommodations. Further, even where accommodations have been made, qualified individuals with disabilities have to be given the option to participate in regular programs if they choose. That is, separate program designed to provide a benefit to persons with disabilities cannot be used to restrict the participation of persons with disabilities in integrated activities. See this case for example. That is, plaintiff cannot be required to accept such accommodation simply because they exist. Rather, she has to be given the option of participating in the regular roommate assignment program if she so desires.
  9. Not requiring students without disabilities to room with students with disabilities fosters the very attitudes and stereotypes about persons with disabilities that the ADA is designed to eliminate. In other words, that policy lends support to the idea that students with disabilities are less desirable and that it is okay that others not be required to live with them, which then places less value on the human worth of individuals with disabilities because of their disabilities. It also violate the ADA’s purpose of providing a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.
  10. In footnote 15 of the opinion, the court noted that since the Rehabilitation Act applies to all operations of a college, university, or postsecondary institution, the University’s practice of randomly assigning roommate to students requesting double rooms was a program or activity within the meaning of the Rehabilitation Act.

V

Takeaways:

  1. I am persuaded that narrow follow-up questions to whether an animal is a service animal are permissible. However, the questions have to be narrowly focused. It really isn’t all that different than requesting narrowly focused information to establish that an employee has a disability under title I of the ADA. The advantage of the narrowly focused approach is that it gives everyone the opportunity to definitively assess whether the animal is a service animal. It also makes it easier for businesses to properly assess whether the animal is a service animal as asking only those two questions without follow-up will not get you a lot of information. So, how would that play out in practice? Let’s say someone shows up with an animal and does not have an obvious disability. You ask the standard two questions. The person responds that, “the animal is necessary because of a disability and that the animal keeps him calm.” The reply to that question is a pass as to the first, but a fail as to the second. So, a follow-up question could be something like, “what work or task has the animal been trained to do that keeps you calm?” It doesn’t have to be that particular question, but the point is that the question is a narrowly focused follow-up question.
  2. Coleman has been cited favorably over the years. What is refreshing about the decision, is that it uses a lot of common sense about the college environment to assess essential eligibility requirements.
  3. Coleman also stresses the importance of paying attention to title II’s final implementing regulations screen out provisions.
  4. Setting up a separate program for persons with disabilities may or may not run afoul of the screen out provisions. Even so, if a person wants to participate in the same program as students without disabilities, then that needs to happen unless you can show an undue burden or a fundamental alteration. I suppose you could try to show that the student is not qualified/otherwise qualified as the defendant’s tried to do in this case, but that isn’t going to be easy to accomplish. It also raises the importance of knowing what your essential eligibility requirements are and making sure they don’t unnecessarily screen out persons with disabilities. See this blog entry for example.
  5. Graham Spanier was president of the University of Nebraska Lincoln at this time. He then moved on to Penn State…..
  6. Blanket policies are never a good idea. See this blog entry for example.
  7. The individualized inquiry is the heart of the ADA and the Rehabilitation Act.
  8. Inclusion efforts must include persons with disabilities.
  9. What about therapy animals? Are they service animals or emotional support animals? Well, it may be neither. However, for purposes of deciding whether the therapy animal can go anywhere a service animal can go, it would have to be determined whether it is a service animal. So, the answer is depends. Therapy animals do get training, but are they engaged in recognition and response? If so, then the therapy animal is a service animal. Also, remember that service dogs can be situational. For example, my dog is a service dog, but only in the house.

Filed Under: ADA, Fair Housing Act, Final Federal Regulations, Title II, Title III Tagged With: §504, 28 C.F.R. §35.130, 42 U.S.C. §12182, ADA, AHEAD, blanket policies, Coleman v. Zatechka, Department of Justice final regulations, Determining essential eligibility requirements, emotional support animals, essential eligibility requirements, fundamental alteration, interactive process, LC by Olmstead v. Zimring, Olmstead, permissible questions, rehabilitation act, service animals, Service dogs, therapy dogs, title II, title III, two questions, undue burden

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  • Blog entry on Sheehan v. City and County of San Francisco
  • CBS money watch article discussing website accessibility litigation.
  • CRST Van Epedited blog entry referenced in over lawyered
  • Death Penalty and Intellectual Disabilities Supreme Court Opinion
  • Disability compliance for higher education interview on why colleges and universities should perform ADA compliance audits
  • Does title IIof the ADA/§ 504 of the Rehabilitation Act applied to employment
  • E-bay's Inaccessibility to the Deaf
  • EEOC affirmative action per § 501 blog entry referenced in March 2016 employment Law blog carnival
  • Employment Law Blog Carnival November 2015
  • Expert Interview Series: ADA Consultant William Goren on What You Need to Know About ADA Compliance
  • February 2016 employment Law blog carnival
  • Finding creative solutions within the law
  • Fisher II blog entry referenced in Scotus Blog
  • Fry oral argument blog entry referenced in Scotus Blog
  • Guest Post on Illinois Business Litigator Blog regarding My Burden of Proof When Dealing with Remediation Blog Entry
  • How Fry playing out blog entry referenced by Scotus blog
  • How the legal industry lets down lawyers with disabilities
  • Illinois business litigator blog featuring my blog entry discussing whether a corporation has a retaliation cause of action under the ADA
  • Impact of Abercrombie and Fitch Decision on the ADA
  • Interstate sovereign immunity in SCOTUS blog
  • Is the Texas House violating the ADA by refusing CART
  • June 2015 ABA Journal article on attorneys with disabilities and the preconceptions they face
  • Law practice today members spotlight
  • legal issues of buying inaccessible technologies article posted to the ABA green room
  • Legal pad radio show interview first run Wednesday, February 12 at 7:30am.; Re-airs at Saturday, February 15 at 3:30pm and Monday, February 17 at 9am
  • Legal pad radio show interview first run Wednesday, January 29 at 7:30am.; Re-airs at Saturday, February 1 at 3:30pm and Monday, February 3 at 9am
  • Legal pad radio show interview first run Wednesday, October 23rd at 7:30am.; Re-airs at Saturday, October 26th at 3:30pm and Monday, October 28th at 9am
  • Let's Talk About Arbitration blog entry and other entries featured on the Illinois business litigator blog
  • MH issues and the State Bar
  • Oral Argument in Sheehan v. City and County of San Francisco
  • PBS News Hour piece discussing accessibility of amusement parks for persons with disabilities
  • Reflections on the development of disability as a diversity concern in the legal profession
  • SCOTUS blog references Blog entry discussing the impact of South Dakota v. Wayfair on Internet accessibility litigation
  • SCOTUS blog references Endrew oral argument blog entry
  • SCOTUS Blog references Fry decided blog entry
  • SCOTUS Blog referencing blog entry that Reviews Supreme Court cases and the upcoming Supreme Court cases vis a vis the ADA/disability rights
  • Sevorson decision analyzed
  • Sheehan decision
  • Supreme Court on Auer Deference blog entry in SCOTUS blog
  • The Physics (and Economics, and Politics) of Wheelchairs on Planes
  • Trimble v. Kroger
  • Voyage Atlanta Profile
  • What's wrong with this job description blog entry featured in December 2015 employment Law blog carnival
  • When to grant more leave after FMLA is exhausted
  • Why ADA is a Good Law

Presentations of interest

  • ADA “Accessible” Websites: What Attorneys Need to Know
  • ADA Hot Issues: Essential Function, Attendance, and Reassignment
  • ADA Hot Issues: Pregnancy, Reassignment, and Legal Issues of Buying Inaccessible Technology
  • Don’t Let The ADA Bite Your Law Firm – Complying With the ADA Instead of Becoming a Target
  • Hot issues in title I and in title II of the ADA
  • Let's Count the Ways the ADA Impacts Your Law Practice
  • Understanding the Americans with Disabilities Act, Fourth Edition – Hot Off the Press – A Brown Bag Series

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