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Previously, we have blogged on a case involving Julian Vargas and the inaccessibility of kiosk equipment used by Quest diagnostics. It turns out that he is involved in a similar case involving Laboratory Corporation of America Holdings with another plaintiff, Luke Davis. A district Court in California approved a class under the California antidiscrimination law, Unruh Act, as well as a nationwide class under the ADA. Laboratory Corporation appealed. As usual, the blog entry is divided into categories, and they are: facts; court’s reasoning that Vargas had standing; court’s reasoning that the Unruh act class action as certified by the
Continue Reading Inaccessible Kiosks Can Cost You Big Time

The blog entry for the week is actually not an ADA case at all but it may have a substantial impact on the ADA universe. The case of the day is Murray v. UBS securities, LLC, a unanimous decision written by Justice Sotomayor, from the Supreme Court decided on February 8, 2024, here. It actually explores what a plaintiff has to show when it comes to proving discrimination in a Sarbanes-Oxley case. As usual, the blog entry is divided into categories, and they are: Court’s reasoning that Sarbanes-Oxley does not reference or include a retaliatory intent requirement; Court’s reasoning
Continue Reading Murray v. UBS Securities and its Possible Impact Upon ADA Jurisprudence

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
Continue Reading Retaliation and Sovereign Immunity

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 The case of the day is Newton v. Pennsylvania State police decided in an unpublished opinion on January 9, 2024, by the Third Circuit,
Continue Reading Nested Positions

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
Continue Reading ADA Disparate Impact Claims

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
Continue Reading Kisor Becomes an Adverb

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
Continue Reading Convincing Mosaic as a Standard for Deciding Summary Judgment Motions Arrives

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 to be reconsidered; plaintiff’s test accommodation request was reasonable; dissenting
Continue Reading Bar Examiners, Colleges and Universities May All Want to Reconsider the Extent of Their Documentation Requests When Receiving Accommodation Requestss

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 inquiry under the ADA; ADA’s confidentiality
Continue Reading Law Firm Gets in Trouble for Not Keeping Confidential Information Gained From a Disability Related Inquiry

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.
Continue Reading 2023 Understanding the ADA Greatest Hits

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
Continue Reading Carrying Gun as an Essential Function of the Job

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.
Continue Reading Muldrow Oral Argument

Before getting started on the blog entry of the week, I wanted to give everyone a heads up as to the blogging schedule for the rest of the calendar year. My daughter comes home for a three week break on December 13, so we have this blog this week. I will also have a blog next week as well. After that, it is a bit of the wildcard as to whether I will have any other blogs up before the end of the calendar year. The blog entries this week are substantive. I need to have one more blog this
Continue Reading Decision Tree After Fry and Perez

Before getting started on the blog entry of the week, I wanted to give everyone a heads up as to the blogging schedule for the rest of the calendar year. My daughter comes home for a three week break on December 13, so we have this blog this week. I will also have a blog next week as well. After that, it is a bit of the wildcard as to whether I will have any other blogs up before the end of the calendar year. The blog entries this week are substantive. I need to have one more blog this
Continue Reading Laufer Mooted by Supreme Court

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