This case was pointed out to me by a member of the Deaf and Hard of Hearing Bar Association, of which I am a member, on its facebook page, which is where most of the communication for the Association occurs. This case raises several interesting issues: 1. Does hiring a person to be an ASL

Happy new year everyone!

Since I started blogging four years ago, I had never taken a two-week break before. Since my daughter was off from school and my wife took some days off, I decided to give that a shot. Now I am back and ready to get back at it. A two week break

Previously, I have written on whether class actions are possible with respect to ADA claims considering how ADA claims are inherently focused on individual analysis. From reading the case law on a regular basis, I am seeing class actions being allowed with respect to Olmstead claims. Outside of that, it tends to be hit or

Just what is the exposure to prisons with respect to discriminating against prisoners with disabilities? Prisons have several areas of exposure. First, if a prisoner is employed by the prison and suffers discrimination on the basis of a disability with respect to that employment, title I is involved. Second, the programs and activities of the

Back in 1997, I wrote an article for the Florida bar Journal discussing the relationship between the Individuals with Disabilities in Education Act and the Americans With Disabilities Act. I have had the good fortune to see that article cited numerous times in various law review articles. If I were to update that article today,

In employment discrimination cases, there are two kinds of cases (those involving direct evidence and those involving indirect evidence). Direct evidence cases are the proverbial smoking gun. That is, the plaintiff has explicit evidence that discrimination occurred. However, in most situations, it is difficult if not impossible to find direct evidence, rather things taken together