This week’s blog entry discusses Justice Thomas with Justice Gorsuch joining concurring opinion in Ames v. Ohio Department of Youth Services, here. By now, you most likely know that the opinion for the Court written by Justice Jackson, holds
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Osseo Area Schools Decided
Within the last week, the Supreme Court has come down with two decisions of relevance to our blog (Osseo Area Schools and Ames). Each is worth a separate blog. This week’s blog entry is going to be the Osseo Area
A Two for One: Huber en banc and Magic Mushrooms
Before getting started on the blog entry of the week, housekeeping matters. Next week I will be traveling most of the week, so do not expect a blog entry from me next workweek. Also, I just did an hour long
Employers and PHP’s are Subject to Disability Discrimination Laws
I hope everyone had a great Memorial Day weekend.
As I have mentioned previously, the last few years have found me increasingly involved in the area of working with counsel representing healthcare professionals who are being forced out of
Unreasonable Delay is Actionable, Adverse Action Unnecessary, and More Good Stuff
Before getting started on the blog of the week, a housekeeping matter. I usually get my blogs up on Monday and sometimes Tuesday or even Wednesday. However, my daughter just finished her third year of college and is home for
Justice Souter’s Impact on the Rights of Persons with Disabilities
As many of my readers know, Justice Souter died last week. I thought I would explore his legacy with respect to the rights of persons with disabilities. As usual, the blog entry is divided into categories and they are: opinions
Confluence of State and Federal Laws When it Comes to Service Animals
Today’s blog entry is an update on a prior blog entry we discussed here. In the prior blog entry, we discussed how the police could escape liability when a place of public accommodation did not do the right thing
Osseo Area School District Supreme Court Oral Argument
Yesterday, the United States Supreme Court heard oral argument in the Osseo Area School District case, transcript here. It was ostensibly about whether a higher standard for damages existed for IDEA claim than for the ADA/Rehabilitation Act claims. It
§309 Contains a Fundamental Alteration Defense
I hope everyone had a happy Passover and a happy Easter. For those who are Roman Catholic, my condolences on the passing of the Pope.
Today’s blog entry concerns §309 of the ADA. It asks the question of whether
Remote Learning as a Reasonable Accommodation, Deference to Educational Institutions, and Other Good Stuff
Before getting started on the blog entry of the week, I want to wish everyone celebrating Passover, a happy Passover. Also, want to wish everyone celebrating Easter this weekend, a happy Easter.
Turning to the blog entry of the