This blog entry discusses just what is an IDEA FAPE anyway. It is a Sixth Circuit published decided on January 4, 2023, in the case of Doe v. Knox County Board of Education, here. As usual the blog is
Why the Distinction Between Deaf and deaf Matters: EEOC Guidance on Hearing Disabilities in the Workplace and the ADA
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
You Can Still be Subject to Place of Public Accommodation Rules Even if You are Not a Place of Public Accommodation
Picture of Hockey helmet, puck, and stick (brown and black colors).
As readers know, I have long been interested in the intersection of the ADA and sports. Many of my blog entries cover that topic. The very first edition
Let’s Talk Attorney Fees in Serial Plaintiff Cases and Let’s Talk About the Pregnant Workers Fairness Act
In Shayler v. 1310 PCH, LLC, here, the Ninth Circuit in a published decision decided on October 24, 2022, winds up approving …
ADA tester standing – what three cases in four days tell us.
In the space of three days in early December four different courts took very different …
Just What Does Interference Actually Mean?
Facts: In the first days of Covid-19 related shutdowns, plaintiff emailed his employer …
California Appellate Court Holds Persons Who Associate With Persons With Disabilities Can Have Batson Challenges Exercised on Their Behalf
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
Failure to Accommodate: What is Sufficient Notice to an Employer and How Much Documentation Can be Requested
Facts: Following a C-section in July 2018, plaintiff informed her employer …
Major Life Activities as Essential Functions and What That Means for Test Takers Trying to get into Those Jobs
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 a published decision decided August 12,
Interactive Process Obligation Continues Through Litigation
The question of whether the interactive process continues through any litigation …