Before getting started on the blog entry of the week, an update on the Beaumont Hospital case that we have blogged on twice before. See this blog entry. The update is a consent decree was signed requiring training and a $30,000 payment to the plaintiff. It also has a length of 18 months. I always wonder who does the training when lawsuits get resolved and how serious of an effort is made to ensure that the trainer is qualified to do the training. Turning to this week’s blog entry, it discusses the latest guidance issued jointly by the EEOC and
Continue Reading Attorneys Representing Federal Employees With Disabilities Need to Prepare for a Lot More Business
Latest from Understanding the ADA - Page 2
Motion to Dismiss Denial of a Service Animal Goes Down in Flames
The Society of Human Resources Management is not the only employer facing litigation for denying a service animal. On January 13, 2026, the Flaming Gorge Resort saw its motion to dismiss with respect to its denial of a service animal for an employee go down in flames (pun intended). The case is O’Connor v. Colett’s Mountain Resorts, Inc., here, decided by the United States District Court for Utah. As usual, the blog entry is divided into categories and they are: facts; O’Connor’s ADA failure to accommodate claim survives a motion to dismiss; O’Connor’s ADA wrongful termination claim on the
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What’s a Program and ADA Rehabilitation Act Causation Are Not the Same
This week’s blog entry deals with what is a program under Title II of the ADA, and it also discusses the distinction in causation between the ADA and §504 of the Rehabilitation Act. The case of the day is Decker v. Commonwealth of Pennsylvania Department of Corrections, here, a non-precedential decision decided by the Third Circuit on January 15, 2026. As usual, the blog entry is divided into categories and they are: facts; court’s reasoning that the equal protection claim does not survive; court’s reasoning that the ADA claim does survive but the Rehabilitation Act claim does not; and
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SHRM Service Dog Litigation: Answer and Possible Defenses
This week’s blog entry considers the Society for Human Resource Management answer to the complaint of Fiona Torres in her case saying SHRM violated the ADA by not allowing her to have her service dog when it rescinded a conditional job offer. In the interest of full disclosure, many years ago I did speak to a SHRM conference in Rochester, Minnesota. I am also a member of SHRM as I like to keep up with what they say with respect to the ADA, though I am not active. I also do not have any SHRM certifications, though as readers know
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Eviction Notices Must be Accessible to Persons with Disabilities and other Stuff
Congratulations to the Indiana Hoosiers on an undefeated season culminating in the national championship. Also, congratulations to the remaining teams in the NFL playoffs. My Bears lost, but that play to send the game to overtime was incredible. This week’s blog entry is a non-precedential decision from the Third Circuit decided on October 8 of 2025, which was on my birthday. Before getting to that, a brief update on Nawara v. County of Cook, which we discussed here. The update is that the Supreme Court refused to hear the case, so the case went back down to the trial court
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Does an Employer Have the Ability to Not Engage in the Interactive Process if the Reasonable Accommodation Request is Facially Unreasonable and Other Stuff
It’s time to get back to the grind after the holiday season. I hope everyone had a great holiday season. Today’s blog entry deals with the implications of what happens when a reasonable accommodation request of a plaintiff is facially unreasonable. What does that mean for a plaintiff’s reasonable accommodation claim? What might that mean for a plaintiff’s claim that the employer failed to engage in the interactive process? The case of the day is Bowles v. SSRG II, LLC, dba Chicken Salad Chick, a published decision decided by the Sixth Circuit on December 17, 2025, here. As usual, the blog
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Inflexible Return to Work Policies: Granas Update
Welcome to the new year everyone. This week’s blog entry is an update on Granas v. Union Pacific Railroad Company, which we blogged on here. Subsequent to that blog entry, Union Pacific moved for judgment as a matter of law or a new trial. The court, here, was having none of it. Since we blogged on the case previously, we don’t need to explore the facts. So, the categories for this blog entry are: when can a jury verdict be overturned by a post-trial motion; when can a bench trial decision be overturned by a post-trial motion; the jury
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2025 Understanding the ADA Greatest Hits
As promised below is the greatest hits for the Understanding the ADA blog for 2025. Some of the entries that appear in the greatest hits section were not the greatest hits of 2025, but are so important that I keep them in there any way. Here goes the list for 2025 in reverse order of popularity:
A One Page Per Curiam From Supreme Court that can be Huge and the ADA 30 Days to Comply Act
I did not anticipate doing another blog entry until the week of Christmas. However, my daughter’s flight into Atlanta is delayed, and so I have some time. I actually relax by writing (weird I know), and this blog entry is extremely short. So why not? My next blog entry will be the greatest hits of 2025, that I will put up Christmas week.
The blog entry is a two-for-one. First, a per curiam decision from the United States Supreme Court in Doe v. Dynamic Physical Therapy, LLC, has the potential to be incredibly significant. That decision can be found
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EEOC v. William Beaumont Hospital Redux
This week’s blog entry will be the last substantive blog entry of the calendar year. As mentioned previously, I will put up the greatest hits of 2025 for the Understanding the ADA blog the week of Christmas. Turning to the blog entry for the week, on November 19, 2025, the United States District Court for the Eastern District of Michigan denied William Beaumont Hospital’s motion to reconsider, which can be found here. We have blogged previously the court’s decision on the summary judgment motions, here. There is no need to go into the facts as we have previously blogged
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Are Retaliation and Interference Claims Viable under the Rehabilitation Act in Employment Matters? The Sixth Circuit Says No
Before getting started on the blog entry of the week, a housekeeping matter, I am thinking that there may be one additional substantive blog for the rest of the year before I do the 2025 greatest hits. My thinking is that one more substantive blog entry after this will appear the week of December 8. Over Christmas week, I will put up the 2025 greatest hits. After that, my plan is to pick up blogging again after the new year. Turning to the blog entry of the week, did you know when it comes to employment matters, that §504 of the
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ADA and 504 as an Alternative to §1983 in Excessive Force Cases
When the Federal Bar Association national convention was held in Kansas City Missouri, I was part of a panel that explored outside the box uses of the ADA. One of the panelist, Jamie Strawbridge, talked about how the ADA/504 can be an alterative to excessive force §1983 cases. The case of the week explores exactly that. The case of the day is the estate of Ryan Leroux v. Montgomery County, here, decided on October 24, 2025, in the United States District Court for Maryland, Southern Division. This is an excessive force case which was pursued as an ADA/504 claim instead
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Have no Idea as to Why Defense Side Attorneys Keep Defending on the Grounds that an ADA Disability Does Not Exist
After the amendments to the ADA, it doesn’t make any sense for an attorney to defend on the grounds that a disability doesn’t exist, with a notable exception being where the major life activity of working is involved. It should be a rare situation where plaintiff alleges the major life activity of working considering all of the other options available to a plaintiff after the amendments. Our case of the day illustrates how defending on the ground that an ADA disability doesn’t exist is very much an uphill climb. The case is Edwards v. Shelby County, Tennessee decided by the
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In Architectural Barrier Litigation, Plaintiff’s Motivation Doesn’t Matter if Plaintiff Has Transacted Business
I am very regular about posting blog entries for the week. I have rarely missed doing that over the 14 years I have been doing this. I do have a good explanation for missing last week. My father died a week ago today, and I was away for funeral events. By any objective measure he lived a very full and long life. He definitely would not have wanted me to not leave blogging alone for a considerable length of time, because I enjoy doing it so much. So, we are back on track this week.
The blog entry for
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Let’s Count the Ways Alcoholism is a Disability
There is a lot of confusion out there about whether alcoholism is a disability. Illegal use of drugs gets exempted from the ADA but alcoholism is a different story. True, you can evaluate a person engaged in excessive use of alcohol in terms of performance as if the alcohol use doesn’t exist, but that is an entirely different matter from whether it is a disability. The case of the day explores how alcoholism is an ADA disability in several different ways. It also illustrates how state law and federal law on disability discrimination don’t always match up. The case is
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Eighth Amendment, Title II, and Nondelegable Duty
Today’s blog entry is a published decision from the Third Circuit, Montanez v. Price, here decided on October 8, 2025 (which was my birthday). It discusses a series of issues, including: the Eighth Amendment; what is a program, service, and/or activity; and nondelegable duty. More specifically, the blog entry is divided into the following categories and they are: facts; Eighth Amendment overview/conclusions; who can be sued for the disability law claims; programs, services, and activities were involved; ADA/504 are nondelegable duties; and thoughts/takeaways. Of course, the reader is free to focus on any or all of the categories.
Facts
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