Today’s blog entry is a published decision from the Third Circuit, Montanez v. Price, here decided on October 8, 2025 (which was my birthday). It discusses a series of issues, including: the Eighth Amendment; what is a program, service, and/or
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.
Latest from Understanding the ADA - Page 5
Direct Evidence Cases do Exist and Other Good Stuff
Today’s blog entry comes out of the Eighth Circuit, where just don’t see a lot of ADA cases. This case, Equal Employment Opportunity Commission v. Drivers Management, LLC, is a published decision decided on July 10, 2025, and can be…
Religious Freedom and Remote Work ADA Implications and the Latest With HUD and Animals in Housing
Today’s blog entry is a two for one. First, we explore some stunning developments in the area of housing and animals when it comes to persons with disabilities. Second, we explore a memorandum opinion from DOJ to the acting chair…
Inflexible Return to Work Policies Can Cost You Big Time
Before getting started on the blog entry for the week, I want to wish those who are celebrating a happy and healthy Jewish new year. The new year starts this evening and culminates with the day of atonement next week.…
How Not to do the Interactive Process
I am back in the office after taking an Alaskan cruise with a side trip to Denali National Park. Both are absolute bucket lists. If you have not done both, I highly recommend it. The scenery in Alaska is something…
Unions Can’t Hide Behind the Duty of Fair Representation When it Comes to ADA and Title VII Compliance
Before getting started on the blog entry of the week, a housekeeping matter in order. I will be out of the office August 30-September 12, so this will be my last blog entry until the week of September 15.
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Kluge Latest Decision and it’s Potentially Huge Impact on ADA Failure to Accommodate Cases
Today’s blog entry is on a case that we have blogged on before, Kluge v. Brownsburg Community School Corporation, decided by the Seventh Circuit on August 5, 2025, here. Our previous blog entry on the case can be found…
Unlawful Disclosure is a Separate Private Right of Action Under Both the Rehabilitation Act and the ADA and other stuff
Today’s blog entry came down to a close call between two cases that were decided last week. In the first case, Robin Shea, of Constangy Brooks, discussed a religious accommodation case, here, which also has significant implications for the…
A Twofer: A Short Discussion of How Far the Honest Belief Rule Extends and What Constitutes a Judicial Act
Today’s blog entry is a real short one. I actually have quite a pile of cases to blog on, but I ultimately decided to keep it short. In particular, I wanted to focus on a couple of different concepts that…
Regarded As Discussed with Clarity Rarely Seen Before and Adverse Action After Muldrow
The ADA turned 35 this weekend. HAPPY ANNIVERSARY!!!!!!!!!!!!!!!!!!!!!!!
This week’s blog entry is a two-for-one. In the first case, we discuss a case, Meza v. Union Pacific Railroad Company, here, decided by the Eighth Circuit on July 25,…