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,
mixed motive
A huge victory for ADA plaintiff employment lawyers AND a huge victory for ADA defense lawyers:
By William Goren on
Today, the United States Supreme Court issued its decision in University of Texas Southwestern Medical Center v. Nassar. In that decision, the United States Supreme Court in a 5-4 ruling with Justice Kennedy being the swing vote, held that mixed motive is dead with respect to retaliation claims under title VII of the Civil…
Bringing sanity to mixed motive jury instructions
By William Goren on
In this blog, I’ve written about mixed motive jury instruction twice. In the first entry, we explored whether mixed motive jury instructions with respect to the ADA were even possible after Gross v. FBL Financial. In the second, we explored whether where there is more than one cause of action to be…
Mixed motive: another permutation and do lawyers have it backwards
By William Goren on
Posted in Federal Cases, Title I
A hot area of the Americans with Disabilities Act jurisprudence is the question of mixed motive. That is, can a plaintiff get a mixed motive jury instruction in Americans with Disabilities Act cases, or for that matter in Rehabilitation Act cases as well, in light of Gross v. FBL Financial Services? Previously, we have…
Can you be subject to title II and title III at the same time?
By William Goren on
I love to follow sports. Accordingly, over the years, I have found a way to combine my interest in sports with the Americans with Disabilities Act. As far back as the first edition of my book, which is now in its third edition and I am working on the fourth, I have always had a…
Are the provisions of the Americans with Disabilities Act and the Rehabilitation Act the same?
By William Goren on
Case law dealing with the Rehabilitation Act and the Americans with Disabilities Act will often say say that the Americans with Disabilities Act and the Rehabilitation Act are governed by the same standards. Eg. Greer v. Richardson Independent School District, 2012 WL 833367, *12 fn 1 (fifth Cir. March 14, 2012). That said, are…
Is a Mixed Motive Jury Instruction Dead under the Americans with Disabilities Act? Rehabilitation Act?
By William Goren on
At the top of the legal resources section on this page, you will see a link to an article that I wrote regarding whether a mixed motive jury instruction is available under the Americans with Disabilities Act. A mixed motive jury instruction is an instruction that says that liability can exist if the plaintiff can…