It’s time to get back to the grind after the holiday season. I hope everyone had a great holiday season.
Today’s blog entry deals with the implications of what happens when a reasonable accommodation request of a plaintiff is
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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Inflexible Return to Work Policies: Granas Update
Welcome to the new year everyone.
This week’s blog entry is an update on Granas v. Union Pacific Railroad Company, which we blogged on here. Subsequent to that blog entry, Union Pacific moved for judgment as a matter…
2025 Understanding the ADA Greatest Hits
As promised below is the greatest hits for the Understanding the ADA blog for 2025. Some of the entries that appear in the greatest hits section were not the greatest hits of 2025, but are so important that I keep…
A One Page Per Curiam From Supreme Court that can be Huge and the ADA 30 Days to Comply Act
I did not anticipate doing another blog entry until the week of Christmas. However, my daughter’s flight into Atlanta is delayed, and so I have some time. I actually relax by writing (weird I know), and this blog entry is…
EEOC v. William Beaumont Hospital Redux
This week’s blog entry will be the last substantive blog entry of the calendar year. As mentioned previously, I will put up the greatest hits of 2025 for the Understanding the ADA blog the week of Christmas.
Turning to…
Are Retaliation and Interference Claims Viable under the Rehabilitation Act in Employment Matters? The Sixth Circuit Says No
Before getting started on the blog entry of the week, a housekeeping matter, I am thinking that there may be one additional substantive blog for the rest of the year before I do the 2025 greatest hits. My thinking is…
ADA and 504 as an Alternative to §1983 in Excessive Force Cases
When the Federal Bar Association national convention was held in Kansas City Missouri, I was part of a panel that explored outside the box uses of the ADA. One of the panelist, Jamie Strawbridge, talked about how the ADA/504 can…
Have no Idea as to Why Defense Side Attorneys Keep Defending on the Grounds that an ADA Disability Does Not Exist
After the amendments to the ADA, it doesn’t make any sense for an attorney to defend on the grounds that a disability doesn’t exist, with a notable exception being where the major life activity of working is involved. It should…
In Architectural Barrier Litigation, Plaintiff’s Motivation Doesn’t Matter if Plaintiff Has Transacted Business
I am very regular about posting blog entries for the week. I have rarely missed doing that over the 14 years I have been doing this. I do have a good explanation for missing last week. My father died a…
Let’s Count the Ways Alcoholism is a Disability
There is a lot of confusion out there about whether alcoholism is a disability. Illegal use of drugs gets exempted from the ADA but alcoholism is a different story. True, you can evaluate a person engaged in excessive use of…