Retaliation and Sovereign Immunity
Understanding The Americans with Disabilities Act (ADA)
by William Goren
1w ago
Normally, as you all know, I don’t blog on more than one case in a week. However, I will be out of town the first part of next week, and I generally prefer to get blog entries up at the beginning of the week. I am also headed out of town the following week as well (middle to end of that week). So, I thought I would put up a blog now and also establish a game plan for the blog entries for the next two weeks. Our topic for the day and for our next blog as well is retaliation. There are two cases that we will look at in this blog and in the following blog (we can call it part I and part II). In p ..read more
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Nested Positions
Understanding The Americans with Disabilities Act (ADA)
by William Goren
2w ago
Today’s blog entry considers the question what happens when you have an individual with a disability seeking to perform a job that the person can do but in order to do that particular job they also have to be simultaneously eligible to do a different job which they may or may not be able to do. Being simultaneously eligible for a prior job in order to do a different job, is what called a nested position. The case of the day is Newton v. Pennsylvania State police decided in an unpublished opinion on January 9, 2024, by the Third Circuit, here. As usual, the blog entry is divided into categories ..read more
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ADA Disparate Impact Claims
Understanding The Americans with Disabilities Act (ADA)
by William Goren
3w ago
When it comes to the ADA, there are three possible kinds of lawsuits. First, disparate treatment. Second, failure to accommodate. Third, disparate impact. You don’t see a lot of disparate impact cases. As a result, I thought it would be useful to blog on a decision dealing with the disparate impact issue. Our case of the day is Oross v. Kutztown University decided by the Eastern District of Pennsylvania on January 8, 2024, here.. As usual, the blog entry at the bite in the categories and they are: facts; court’s reasoning changing its mind from prior ruling and holding that plaintiff’s dispara ..read more
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Kisor Becomes an Adverb
Understanding The Americans with Disabilities Act (ADA)
by William Goren
1M ago
Today’s blog entry discusses the oral argument in two cases heard by the United States Supreme Court last week. Both of which asked the question of whether Chevron deference will continue to be a viable doctrine. We know from reading cases over the years, cases the various justices were involved in while on the various circuit courts, as well with their writings that a majority of the Supreme Court exists to get rid of Chevron deference as we know it. The question is what will replace it. Predicting what this Supreme Court will do is a bit of a fools errand, but it does seem clear that the mos ..read more
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Convincing Mosaic as a Standard for Deciding Summary Judgment Motions Arrives
Understanding The Americans with Disabilities Act (ADA)
by William Goren
1M ago
I hope everyone is getting back into the swing of the new year. Next week, I will be visiting my daughter in between January term and second semester. I will be here Monday but leave Tuesday and back Friday. So, I am not sure of the timing of the blog entry for next week. This week we revisit an issue that we have discussed before. The question is whether the evidentiary framework set out in McDonnell Douglas is a stand-in for the ultimate question of liability. Again, the case of the day is not even an ADA case but a title VII case. Nevertheless, it is instructive. The facts aren’t terribly s ..read more
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Bar Examiners, Colleges and Universities May All Want to Reconsider the Extent of Their Documentation Requests When Receiving Accommodation Requestss
Understanding The Americans with Disabilities Act (ADA)
by William Goren
1M ago
Today’s blog entry come from the Supreme Court of Maryland in a case called In the Matter of Antavis Chavis, here. The case, a 4-3 decision in favor of the plaintiff, should have high-stakes testing entities, and even colleges, and universities reevaluating the documentation they demand before deciding to make accommodations/modifications for an individual with a disability. As usual, the blog entry is divided into categories and they are: facts; court’s discussion of when testing accommodations must be provided; court’s discussion of whether a disability existed; board rules/operations need t ..read more
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Law Firm Gets in Trouble for Not Keeping Confidential Information Gained From a Disability Related Inquiry
Understanding The Americans with Disabilities Act (ADA)
by William Goren
1M ago
Happy new year everyone and hope everyone had a great holiday season.   Today’s blog entry deals with the issue of what happens when an employer doesn’t keep disability related information confidential. The case of the day is Purvenas-Hayes v. Saltz, Mongeluzzi & Bedensky, P.C. decided by the United States District Court for the Eastern District of Pennsylvania on December 15, 2023, here. As usual the blog entry is divided into categories and they are: facts; general discussion of disability related inquiries and its confidentiality provisions; discussion as to what is an acceptable i ..read more
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2023 Understanding the ADA Greatest Hits
Understanding The Americans with Disabilities Act (ADA)
by William Goren
2M ago
I hope those that celebrated had a happy Hanukkah. Merry Christmas, happy new year, and happy holidays to everyone.   Today’s blog entry is my top 11 or so for the year. As is my past practice, I have included important blog entries that do not make the list . Most of those though were in the top 15. A few from last year dropped and there are a few additions as well. It is a mix of laws involved. You see the Fair Housing Act, and IDEA. You also see a mix of title I and title II cases. Not a lot with title III. Here they are in reverse order.   If it looks like a duck, quacks like a ..read more
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Carrying Gun as an Essential Function of the Job
Understanding The Americans with Disabilities Act (ADA)
by William Goren
2M ago
Picture: A glock pistol, set against a dark background, standing up with barrel pointed down on a brown hardwood floor with its magazine lying next to it. This blog entry will be the last substantive blog entry of the year. The next blog entry for the calendar year will be my greatest hits and other important blog entries that I put up every year around this time. I do want to wish everyone celebrating, a happy Hanukkah (last I checked, there were at least eight different English spellings of the holiday).   Of course, I write frequently on failure to accommodate cases as that is certain ..read more
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Muldrow Oral Argument
Understanding The Americans with Disabilities Act (ADA)
by William Goren
2M ago
On December 6, 2023, the United States Supreme Court heard oral argument in the case of Muldrow v. City of St. Louis. It isn’t actually an ADA case at all but rather a title VII case. Depending on how the decision ultimately comes down, it could have implications for a question that we have been discussing quite a bit, which is whether a failure to accommodate claim requires an additional adverse action beyond the failure to accommodate. In Muldrow, a person was transferred to another job and claimed the transfer itself was sufficient to state a claim under title VII. The Justices in their que ..read more
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