Before getting started on the blog entry of the week, I do want to recognize the passing of Dolly Parton. I grew up on her music. She will probably go down as one of the greatest songwriters of all time
Understanding the ADA
The Blog of William D. Goren, J.D. LL.M.
Understanding the ADA is a blog published by William D. Goren J.D., LL.M., LLC that focuses on legal issues related to the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The blog covers topics such as federal court decisions interpreting ADA provisions, state immunity versus federal claims, reasonable accommodations in employment and public accommodations, architectural barrier litigation, and legislative developments affecting ADA compliance. It also addresses practical challenges faced by persons with disabilities, including forced participation in programs due to disability and the interactive process in employment accommodations. The blog analyzes case law, statutory changes, and regulatory interpretations relevant to disability rights enforcement.
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Must You Show Necessity in a Title II Failure to Accommodate Case? Answer: Maybe Maybe Not
This week’s blog entry deals with a published case from the 11th Circuit decided on August 5, 2026 raising interesting issues about when a Title II entity must provide reasonable modifications, in this case for a public school student. The…
Is the Right of a Person with a Disability to Serve on a Jury Just Theoretical or is it Real
Before getting started on the blog entry for the week, a housekeeping matter in order. Next week, I move my daughter in for her final year of college. So, it is entirely possible that I will not have a blog…
Bullet Proofing Essential Functions of the Job
This week’s blog entry explores how an employer might go about bulletproofing just what are the essential functions of a job. The case for the week is In the Matter of Rachael Smelyansky v. New York State Office of Gen.…
Qualified/Otherwise Qualified and Failure to Accommodate: Lots of Easy to Understand Thoughts Emanating from the Eighth Circuit
Before getting started on the blog entry of the week, I wanted to pass along that the Federal Bar Association has announced its award recipients for this year. I am quite honored to be the recipient of the Sarah T.…
HUD’s AI Bot Take on Emotional Support Animals and Service Animals: It’s A Mess
As I have covered previously, here, it’s a bit of the wild west as to the way forward when it comes to emotional support animals. HUD still doesn’t have anything, but if you plug in assistance animals into the search…
A Two For: Thoughts on Trump v. Slaughter and How the Latest NCAA D1 Eligibility Rule Discriminates Against Persons with Disabilities
Hope everyone had a great Fourth of July weekend. I wrote this blog entry while taking a break between watching World Cup games and Wimbledon over the weekend. It’s been a tremendous World Cup and Wimbledon. Also, this month is…
Rooker-Feldman Here to Stay, But What Does it Mean for Persons with Disabilities?
Even if you are not a huge soccer fan, the World Cup has been fascinating to watch. Good luck to whatever team you are rooting for.
It is just about the end of the Supreme Court term, so we…
Thoughts on How Housing Providers Might Move Forward After HUD’s Internal Memorandum
Before getting started on the blog entry for the week, a couple of housekeeping matters in order. First, you can now, if you so desire, listen to my blog instead of reading it even if you are not using a…
Failure to Utilize Internal Reasonable Accommodation Policy Just Might Torpedo a Failure to Accommodate Claim
This week’s blog entry focuses on an unpublished decision, Woodie v. Motorola Solutions, Inc. from the Sixth Circuit decided on March 10, 2025, here. The case highlights the importance of a person with a disability intentionally not pursuing any…