I hope everyone had a fantastic Thanksgiving weekend. Today’s blog entry goes to the dogs literally. The blog entry talks about two different cases involving service animals and how the court system deals with them. My thanks to Prof. Leonard Sandler, clinical law professor at the University of Iowa Law School for sending along the cases. In the first case, Cohen v. Sinnot, from the United States District Court of Colorado decided on November 9, 2023 (unfortunately, I could not figure out a way to link to the decision as it is not in Google scholar yet or on casetext),…
Continue Reading Courts Going to the Dogs

Happy thanksgiving week everyone!!!
 
Today’s blog entry is the complaint, here, and consent decree, here, in U.S. v. City of Blaine, MN. The case has incredible parallels to what is going on in the world of health care professionals and Physician Health Programs (substance abuse programs such as discussed in this case, physician recovery programs are all very similar), which we discussed here. As usual, the blog entry is divided into categories and they are: key highlights of complaint; key highlights of the consent decree; and thoughts/takeaways. Of course, the reader is free to focus on…
Continue Reading DOJ PUTS Substance Abuse Programs/Professional Health Programs/Physician Recovery Programs on Notice

Previously, I have blogged on the inaccessibility of kiosks. Both of those blog entries, here and here, discussed whether the kiosk was a place of public accommodation. The case of the day, Vargas v. Quest Diagnostics Clinical Laboratories, here, is a bit different. In this case, you have a place that operates to draw blood and have their laboratories run the result when a doctor wants testing done. Quest uses a kiosk as part of the check in process. What happens when the kiosk is not accessible so that people with disabilities cannot check in with the same…
Continue Reading Kiosk Inaccessibility With a Twist

One of the hot areas in title I of the ADA is the question of whether an employer has a mandatory duty of reassignment to a vacant position where the employee is no longer qualified per the ADA for that position. The circuits are split on that, so it is just a matter of time before the United States Supreme Court deals with the issue. The blog entry of the day is EEOC v. Methodist Hospitals of Dallas, a published decision from the Fifth Circuit decided on March 17, 2023, here. As usual, the blog entry is divided into…
Continue Reading Mandatory Reassignment: The View From the Fifth Circuit

At least once a month, I get a phone call where a judge is treating a person with a disability in their courtroom in a hostile way. The person always wants to know what can be done about it and whether judges are allowed to do that. I have talked before going after the judiciary for disability discrimination, such as here, and it isn’t an easy thing to do, see here, though it is possible. This case, Mergl v. Wallace, Mergl v. Wallace-Judge wrongful treatment of pwd attorney (how I named the file),  decided by the United States…
Continue Reading Is There a Remedy When a State Court Judge Discriminates Against an Individual by Reason of Their Disability

Today’s blog entry is not on an issue that I have blogged on previously. It deals with the question of what happens when a person leaves employment and was otherwise qualified during that employment, but after the employment ends, some discriminatory action occurs. Does title I apply since the person is no longer otherwise qualified/qualified? The circuit courts are split on this. This blog entry will discuss how this kind of case could go either way. As usual, the blog entry is divided into categories and they are: plaintiff loses: Stanley v. City of Sanford, Florida-facts; plaintiff loses: Stanley-11th…
Continue Reading Does Title I of the ADA Apply When the Plaintiff is no Longer Qualified/Otherwise Qualified?

St. Louis Arch
The blog entry for the week is getting posted a bit later than usual because my daughter came home for a short fall break and went back yesterday. Today’s blog entry is a published decision from the Court of Appeals of the State of California, Fourth Appellate District, in Martin v. Thi E-Commerce LLC, here. The case discusses the question of whether absent a gateway to a physical place, an Internet site is subject to title III of the ADA. The majority holds that it is not. The dissent argues that it is. The case gives…
Continue Reading Absent a Gateway to a Physical Place, is an Internet Site Subject to Title III of the ADA: The View From Both Sides of the Argument

Today’s blog entry will discuss the oral argument in Acheson Hotels v. Laufer, which took place on October 4, 2023. We previously mentioned the appellate case here (links to the blog entries therein). The two categories of this blog entry are questions from the Justices and thoughts/takeaways. Of course, the reader is free to focus on either category.
 
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Questions from the Justices
 

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Continue Reading Laufer Supreme Court Oral Argument

I have big news to share. I have been frustrated with my blog/website set up for some time. On Friday, I will be moving all of that into one site onto the lexblog platform. So, starting at around five Eastern time on Friday and perhaps continuing through the weekend accessing my blog may be spotty. Everything that has been on the blog for the last nine years will carry over to the new site. Also, everything will be redirected to the new site. I think everyone will be really impressed by the new site. No content from the last eight years will…
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Before getting started on the blog entry of the day, yesterday was the 30th anniversary of the ADA. Happy anniversary!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
 
One of the things that comes up is why is the ADA such a good idea if hiring people with disabilities has remained static over the years. My response to that question is twofold. First, the ADA is more than just employment. It also includes accessing nonfederal governmental entities (title II) and accessing places of public accommodations (title III). It has another title dealing with telecommunications (title IV). Finally, it protects against retaliation and interference (title V). With respect…
Continue Reading Burden of Proof for Determining Essential Functions of the Job

Before starting our blog entry, two lions of the civil rights movement passed away on the same day recently. C.T. Vivian and John Lewis. John Lewis happened to be the person who represented me in the U.S. Congress. Georgia Democrats have selected the Georgia state Democratic Party chair, GA State Sen., Nikema Williams, as his replacement. A special election has to be held to finish out the term. There is talk that the special election will be held in November. Georgia has a jungle primary system, which means that if no one gets 50% +1 than a runoff would have…
Continue Reading Unreasonable Delay in Granting a Reasonable Accommodation is Actionable Under the ADA

Today’s blog entry is a two-for-one dealing with the fact that definitional terms still matter even after the amendments to the ADA. In the first case, Colton v. Fehrer Auto, North America, LLC, we revisit the question of whether being short is a disability without more. In the second case, Darby v. Childvine, Inc., we look at the question of whether a person with BRCA1 gene who undergo a preventive surgery to prevent breast cancer is a person with a disability. As usual, the blog is divided into categories and they are: Colton facts; Colton reasoning physical or…
Continue Reading Definitional Terms Still Matter: Physical or mental impairment and Substantial Limitation