Understanding the ADA

The Blog of William D. Goren, J.D. LL.M.

Latest from Understanding the ADA - Page 2

Effective Communications and Deliberate Indifference Revisited

December 22, 2020

Today’s blog entry comes out of the Northern District of Georgia, and it involves the question of what is deliberate indifference in effective communication cases. We have talked about effective communication and deliberate indifference numerous times before in the blog. The case of the day is Nix v. Advanced Urology Institute of Georgia198199. By way of full disclosure, I have previously on another matter consulted with local counsel on this case previously but have…

Understanding the ADA

Cleveland Policy Revisited: Does the Exception Swallow the Rule?

By William Goren

December 15, 2020

Today’s blog entry deals with the concept of judicial estoppel. As I previously discussed here, the concept says that you make representations in one forum those representations can come back to haunt you later. I have also written on how it is legal malpractice not to be aware of this principle, here179182192195190192192190191193192. In the ADA world, you will see judicial estoppel come up in the areas of short-term disability, long-term disability, workers compensation, and…

Understanding the ADA

Animals on Planes: DOT Final Rule

By William Goren

December 7, 2020

676767187116178228117 686868188117179229120 Miniature horse yes to non-federal governmental entities; yes to places of public accommodations; but not on planes. Previously, the Department of Transportation came out with proposed regulations on service animals, here121230180118219189696969. I have written about the issue of animals on planes numerous times before (such as here122231181119220190707070, here123232182120221191717171, and here124233183121222192727272), as well. Last week, the Department of Transportation came up with their final rule, here223193737373. So considering all…

Understanding the ADA

Getting the Reasonable Accommodation Process Right and Mandatory Reassignment Revisited

By William Goren

November 29, 2020

Hope everyone had a great Thanksgiving. We aren’t out of the woods yet with Covid-19. So, please be safe. Today’s blog entry comes from the Fourth Circuit, Elledge v. Lowe’s Home Centers, LLC1801846767199, a published decision decided on November 18, 2020. The case deals with two issues: failure to accommodate; and whether the ADA requires mandatory reassignment. So, the categories for this blog entry are going to be: facts; court’s reasoning failure to…

Understanding the ADA

Sierra Redux: Legislative Streaming, Sovereign Immunity, and the 11th Circuit

By William Goren

November 16, 2020

Today’s blog entry is a case from the 11th Circuit that I have blogged on before at both the Circuit Court level and the District Court level. A link to both can be found here185180191118201. On November 10, 2020, the 11th Circuit vacated their previous opinion issued back in March and re-issued another one. Since we have discussed this before, no need to go into the facts, which simply put involves a deaf individual’s…

Understanding the ADA

Fixing the Problem May Alleviate Liability Even in Non-architectural Barrier Cases

By William Goren

November 11, 2020

Before turning to the blog entry of the day, today is Veterans Day. I want to wish everybody who fought for our country or has family that served in the military a good Veterans Day. I also want to wish everyone a happy Veterans Day. The case of the day is from the Northern District of Alabama decided on July 21, 2020. It is Smith v. Morgan18067671181971186767. It is an interesting case…

Understanding the ADA

Exby-Stolley Revisited: The 10th Circuit en banc Decision

By William Goren

November 3, 2020

Before starting on the blog entry of the day, if you have not already voted do so. Today’s blog entry is a case, Exby-Stolley v. Board of County Commissioners, Weld County, Colorado17918111819811820567, that I blogged on almost 2 years ago. About two years ago, the 10th Circuit came down with a decision, which I discussed here18018211919911920668, holding that failure to accommodate claims required an adverse action. It turns out that the panel decision…

Understanding the ADA

Public Schools Ability to Regulate Off-campus Speech in the Digital Age

By William Goren

October 27, 2020

We now have a new Associate Justice on the United States Supreme Court, Amy Coney Barrett. For those interested in how she might rule on disability rights matters, see this blog entry1821206969198. Today’s blog entry came to me from my involvement with the Federal Bar Association civil rights section. Caryl Oberman, a Pennsylvania attorney exclusively focusing on special education law, alerted me to this case. It isn’t a disability rights case per se. However,…

Understanding the ADA

Even the EEOC Can Get Itself Sued and Have to go Through Discovery

By William Goren

October 20, 2020

Before getting started with the blog entry of the day, I want to congratulate the Tampa Bay Rays and the Los Angeles Dodgers for getting to the World Series. Tampa Bay won in seven games. The Dodgers came back and beat the Braves after trailing 3-1. Good luck to both. Sports are an escape in the very strange world that we are in now. We can all use a pick me up. With that in…

Understanding the ADA

Does the Ministerial Exception Apply to Hostile Work Environment Claims?

By William Goren

October 13, 2020

Before getting started on the blog entry of the day, I put my absentee ballot in a drop box yesterday. Whoever you are voting for, please do vote. Also, my Braves beat the Dodgers yesterday in game one of the National League championship series. Can they win another three? I see the Tampa Bay Rays are up two on the Houston Astros. If Tampa Bay somehow wins the World Series, Tampa Bay will have teams…

Understanding the ADA

The Blog of William D. Goren, J.D. LL.M.

Effective Communications and Deliberate Indifference Revisited

Cleveland Policy Revisited: Does the Exception Swallow the Rule?

Animals on Planes: DOT Final Rule

Getting the Reasonable Accommodation Process Right and Mandatory Reassignment Revisited

Sierra Redux: Legislative Streaming, Sovereign Immunity, and the 11th Circuit

Fixing the Problem May Alleviate Liability Even in Non-architectural Barrier Cases

Exby-Stolley Revisited: The 10th Circuit en banc Decision

Public Schools Ability to Regulate Off-campus Speech in the Digital Age

Even the EEOC Can Get Itself Sued and Have to go Through Discovery

Does the Ministerial Exception Apply to Hostile Work Environment Claims?

Stay Connected

Company

Products

Support

New to the Network