Why the Distinction Between Deaf and deaf Matters: EEOC Guidance on Hearing Disabilities in the Workplace and the ADA
Understanding The Americans with Disabilities Act (ADA)
by William Goren
5d ago
Sometimes you have a blog entry all ready to go in your mind. You are even rehearsing the outline of it in your mind. However, something then intervenes and you feel compelled to blog about something else. This is exactly what happened to me for the blog entry of this week. I had been outlining in my mind how I would approach the oral argument in Perez v. Sturgis Public Schools. There is also a Sixth Circuit case, Doe v. Knox County Board of Education, that goes along with that. However, yesterday the EEOC issued a guidance on hearing disabilities in the workplace and the ADA, here. As a deaf ..read more
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R.I.P. to Chevron Deference in Ohio
Understanding The Americans with Disabilities Act (ADA)
by William Goren
2w ago
Happy new year everyone.   I am a bit of an administrative law gearhead and have been practicing in that area for decades. I have been turning over the Ohio Supreme Court decision in Twism Ent’s., L.L.C. v. State Board of Registration for Professional Engineers and Supervisors decided December 29, 2022, which can be found here, in my head for a while as a possible blog entry. The clincher was reading the WSJ editorial applauding the decision in today’s WSJ (I have been reading the WSJ since high school). Basically, for those trying to figure out how the United States Supreme Court might k ..read more
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Let’s Talk Attorney Fees in Serial Plaintiff Cases and Let’s Talk About the Pregnant Workers Fairness Act
Understanding The Americans with Disabilities Act (ADA)
by William Goren
3w ago
To start the new year, we are going to have a short discussion of a couple of cases dealing with attorney fees in the serial plaintiff context. Then, we are going to explore the Pregnant Workers Fairness Act that was just signed by Pres. Biden as part of the massive bill to keep the government open. As usual the blog entry is divided into categories and they are: Shayler v. 1310 PCH, LLC; Garcia v. Guadalupe Alcocer; Pregnant Workers Fairness Act highlights; and Pregnant Workers Fairness Act thoughts/takeaways. It is hard to believe that the reader won’t want to read the whole blog entry, but ..read more
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The Greatest Hits 2022 Edition
Understanding The Americans with Disabilities Act (ADA)
by William Goren
1M ago
Today’s blog entry is my yearly wrap up of the most popular blog entries for 2022. As I always do, there are some additional blog entries that I keep in the greatest hits category due to what I believe is their significance even though they may not be the most popular. With respect to the most popular for 2022, we did have the blog entry discussing being careful about taking working accommodations away dropped off. The others are either in the most popular or continue to be of particular significance. Here is the list for 2022. My thanks to all my blog readers. Writing this blog, it definitely ..read more
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Forget About Suing for Personal Injuries Where a Federal Courthouse is Inaccessible
Understanding The Americans with Disabilities Act (ADA)
by William Goren
1M ago
Before getting started on the blog entry of the week, a couple of housekeeping matters. First, my daughter comes home from her first semester freshman year Thursday evening. It is a long break for her. We do have travel plans the week after Christmas. There are also a few days in January before she goes back where there are travel plans. I may or may not have a business trip in January as well. So, the blog entries in terms of their timing of when they appear during the week or when they appear at all may be hit or miss for a little while. I don’t think you can expect a blog entry the week aft ..read more
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Just What Does Interference Actually Mean?
Understanding The Americans with Disabilities Act (ADA)
by William Goren
2M ago
Before getting started on the blog entry of the week, I want to congratulate the United States Soccer Men’s National Team on a valiant effort at the World Cup. Hopefully, a harbinger of good things to come. Also, things in Georgia are a bit bonkers at the moment. UGA is a number one seed in the college football playoffs, and we have an election on December 6, 2022, that just about everybody in the country is following. My family voted early. As for UGA, it is hard to explain to people that do not live in Georgia the impact that UGA has on the mindset of those in Georgia regardless of whether y ..read more
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Mandatory Reassignment and Interpreting What it Means for the Major Life Activity of Working to be Substantially Limited
Understanding The Americans with Disabilities Act (ADA)
by William Goren
2M ago
Hope everyone had a great Thanksgiving weekend.   Before getting started on the case of the day, I wanted to let everyone know that I have updated two blog entries in the Understanding the ADA blog. First, last week’s blog entry discussing how people in California who associate with a person with a disability have a right to have Batson challenges exercised on their behalf has been updated to also reference an earlier case, this one out of the Fifth Circuit, which said that a wheelchair user had standing to pursue inaccessibility of the courthouse claims because he had been called for jur ..read more
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California Appellate Court Holds Persons Who Associate With Persons With Disabilities Can Have Batson Challenges Exercised on Their Behalf
Understanding The Americans with Disabilities Act (ADA)
by William Goren
2M ago
Previously, such as here, I have written about how Batson/Edmonson challenges could be used with respect to people with disabilities not being allowed to serve on juries. The interesting thing about Batson and its civil equivalents is that whenever I have asked litigators if they have encountered the situation of using Batson to prevent exclusion of persons with disabilities from serving on juries, they tell me they have not. On November 7, 2022. The Court of Appeals of the State of California, Second Appellate District, in Unzueta v. Akopyan, a published decision, here, holds that under Calif ..read more
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Failure to Accommodate: What is Sufficient Notice to an Employer and How Much Documentation Can be Requested
Understanding The Americans with Disabilities Act (ADA)
by William Goren
2M ago
In numerous blog entries, we have talked about how magic words are not required. We have also talked about staying away from requests for excessive documentation. The question is how do the two work together. A published decision from the 11th Circuit decided on November 9, 2022, Owens v. State Of Georgia, Gov.’s Office Of Student Achievement, here, addresses both of those questions. As usual, the blog entry is divided into categories and they are: facts; court’s reasoning explaining what an employee must do to show that a requested accommodation is reasonable; court’s reasoning that employer ..read more
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Major Life Activities as Essential Functions and What That Means for Test Takers Trying to get into Those Jobs
Understanding The Americans with Disabilities Act (ADA)
by William Goren
2M ago
Today’s blog entry deals with two decisions from the U.S. Court of Appeals for the Second Circuit dealing with essentially the same fact pattern. One decision, Williams v. MTA Bus Company, here, is an unpublished decision decided August 12, 2022, while the other decision, Frilando v. New York City Transit Authority is a summary order decided on August 19, 2022, here. Both decisions have the potential to set back the ability of Deaf, deaf, and HOH individuals to be employed. I don’t see why the decision don’t have the ability to set back people with other kinds of disabilities from being employ ..read more
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