It isn’t one of my most popular blog entries, but in my opinion, it is one of my most important. I am referring to the blog entry talking about the ADA as a nondelegable duty, which can be found here216215. On April 24, 2017, the U.S. Court of Appeals for the Ninth Circuit came
rehabilitation act
Fry Decided
By William Goren on
Last week the United States Supreme Court came down with the decision in Fry v. Napoleon Community Schools, the oral argument of which I discussed here. A whole bunch of people have blogged on the case, but I thought I would share my thoughts here. The blog entry is divided into three categories: …
Gorsuch and Rights of Persons with Disabilities
By William Goren on
For those in New England, congratulations on a phenomenal come back. Greatest comeback in Super Bowl history. As you can imagine, people in Atlanta are a bit besides themselves. I am relatively new to the Atlanta area, going on five years now, and so perhaps it didn’t hit me quite so hard. Also, growing up…
EEOC Final Rule on Affirmative-Action Requirements for Persons with Disabilities
By William Goren on
Posted in Constitutional law, Rehabilitation Act
Today’s blog entry concerns the EEOC final rule on implementing affirmative-action requirements of §501 of the Rehabilitation Act of 1973. So, this particular blog entry only applies to federal employees and to federal agencies. As usual, it is divided into categories and they are: some highlights; is the rule susceptible to being challenged; and…
Do Security Clearances Trump the ADA/Rehabilitation Act?
By William Goren on
Today’s case is from the very end of December of last year and involves a question that I have not seen before. That is, if there is a national-security exemption for having to comply with the ADA and the Rehabilitation Act? The case is Hale v. Johnson decided by the Sixth Circuit on December 29,…
Endrew Oral Argument and Regulatory Developments
By William Goren on
I just reviewed the transcript of the oral argument before the U.S. Supreme Court in Endrew v. Douglas County School District, which involves figuring out just how far a school district needs to go in order to provide a free appropriate public education (FAPE), under IDEA. Here is what we know from that oral…
Service Dogs And Emotional Support Animals with Respect to Title I of the ADA (Employment)
By William Goren on
Posted in ADA, Federal Cases, Final Federal Regulations, Rehabilitation Act, State Cases, Title I, Title II, Title III
Before getting started on the blog entry of the day, I would be remiss if I didn’t note that the Cubs are back in it! Winning two games against a very tough Cleveland team in Cleveland with a likely Hall of Fame manager is going to be very tough. Go Cubs!
Last week, a person…
Graduated Student and Sovereign Immunity
By William Goren on
As promised, I am back. For my Jewish brethren, I want to wish everyone a happy new year and a good fast, Yom Kippur starts tonight. Today’s case comes to me courtesy of my friend and colleague from Dallas, Texas, Richard Hunt passed along the case of Ross v. City University of New York,…
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…
Just What Is a Sales Establishment Anyway per Title III of the ADA?
By William Goren on
In a recent blog entry, I discussed a 10th Circuit opinion that talked about just what is a service establishment. This blog entry talks about a similar issue, which is just what is a sales establishment? The case of the day essentially adopts the dissenting view of Judge Holmes in Levorsen, the case referenced…