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| Understanding the ADA
Back in January 2015, you will find this blog entry talking about the survivability of ADA claims and Fair Housing Act (FHA) claims. That case was| Understanding the ADA
When the ADA first was enacted back in 1990 and went into effect in 1992, the Internet was just getting started. Back then, it was pretty obvious to| Understanding the ADA
For those who are Jewish, I hope you had a nice high holiday season and best wishes on the coming new year. Sometimes when you start a blog entry, you get| Understanding the ADA
As everyone knows, my blog entries usually go up on Monday of a given week. Obviously, I missed last week. Last week my daughter was on break and my wife| Understanding the ADA
Your client asked for reasonable accommodations/modifications and was retaliated against for doing so. Let's assume that the retaliation is fairly| Understanding the ADA
Today, the United States Supreme Court issued its decision in University of Texas Southwestern Medical Center v. Nassar. In that decision, the United| Understanding the ADA
Today’s blog entry is on a case that we have blogged on before, Kluge v. Brownsburg Community School Corporation, decided by the Seventh Circuit on August 5, 2025, here. Our previous blog entry on the case can be found here. The Seventh Circuit had to revisit the matter in light of the Supreme Court opinion... Continue Reading| Understanding the ADA
Today’s blog entry came down to a close call between two cases that were decided last week. In the first case, Robin Shea, of Constangy Brooks, discussed a religious accommodation case, here, which also has significant implications for the disability rights universe. I highly commend her blog entry. I do plan to blog on that... Continue Reading| Understanding the ADA
117 120 Miniature horse yes to non-federal governmental entities; yes to places of public accommodations; but not on planes. As you know, I typically do| Understanding the ADA
I am back to my Monday postings. In my latest article, just published by the ABA GPSolo magazine, I discussed the legal parameters that an employer is| Understanding the ADA
One of the confusing issues out there is the difference between a service dog, emotional support animal, and a therapy dog and why it matters. 28 C.F.R. §| Understanding the ADA
Today’s blog entry is a real short one. I actually have quite a pile of cases to blog on, but I ultimately decided to keep it short. In particular, I wanted to focus on a couple of different concepts that come up frequently. The first point arises in the case of Gray v. State Farm... Continue Reading| Understanding the ADA
The ADA turned 35 this weekend. HAPPY ANNIVERSARY!!!!!!!!!!!!!!!!!!!!!!! This week’s blog entry is a two-for-one. In the first case, we discuss a| Understanding the ADA
Today’s blog entry is going to be my last substantive blog entry of the year. My daughter is on break the last two weeks of December, and just about| Understanding the ADA
This week’s blog entry come to me courtesy of Clinical Law Prof. Emeritus Leonard Sandler of the University of Iowa Law School. It asks the question of whether a landlord can charge a pet deposit for an ESA (emotional support animal). Loper Bright also comes up as well. The case of the day is Henderson... Continue Reading| Understanding the ADA
This week’s blog entry discusses ABA Formal Opinion 517. That opinion talks about discrimination in the jury selection process under ABA model rule 8.4(g) which prohibits attorneys from discriminating on the basis of various protected characteristics. As readers of my blog know, this has been a long-standing interest of mine. For example, we discussed peremptory... Continue Reading| Understanding the ADA
I hope everybody had a great Fourth of July weekend. Today’s blog entry deals with a couple of different questions. First, in a situation where a person can no longer do the essential functions of the job with or without reasonable accommodations, is reassignment mandatory or is it subject to open competition? Second, what... Continue Reading| Understanding the ADA
Before getting started on the blog entry of the week, I want to wish everyone a happy Fourth of July holiday. Be safe and have fun. Today’s blog entry is a published decision from the Fourth Circuit, Tarquinio v. Johns Hopkins University Applied Physics Lab decided on June 25, 2025, which can be found... Continue Reading| Understanding the ADA
On June 20, 2025, the Supreme Court decided Stanley, which we discussed here. There is no need to go into the facts as we have already covered that previously. Accordingly, the blog entry is divided into the categories of: Justice Gorsuch’s majority opinion; Justice Gorsuch’s plurality opinion discussing how Title I might apply; Justice Thomas... Continue Reading| Understanding the ADA
As everyone knows, I normally don’t blog more than once a week but there are exceptions. I had a bit of time this morning and this is a very short blog| Understanding the ADA
What if an entity slow walks the reasonable accommodation process with the hope that the person with the disability will, for example, graduate, age out| Understanding the ADA
This week's blog entry is a twofer. In the first case, we will discuss whether magic words are necessary for getting a reasonable accommodation. In the| Understanding the ADA
Before getting started on the blog entry of the week, housekeeping matters. Next week I will be traveling most of the week, so do not expect a blog entry| Understanding the ADA
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| Understanding the ADA
Today’s case is from the Seventh Circuit, Frakes v. Peoria School District No. 150. This case is the first federal case I am aware of dealing with how do| Understanding the ADA
Too big, So, no. Yes Not common household animal; must show, "substantial burden." So, who knows. Yes as this is a gerbil (Photo by Jared Belson,| Understanding the ADA
With respect to title II of the ADA, and title I for that matter as well, the only way you can get damages is to show intentional discrimination. With| Understanding the ADA
Just recently, the Department of Justice, the Department of Health and Human Services, and the Department of Education joined forces to issue a letter| Understanding the ADA
Picture immediately above is a Track and field starting line (white lane numbers on orange track) Today’s blog entry has been getting a lot of| Understanding the ADA
An emerging issue is whether when it comes to accommodating a person with a disability in an employment situation, are you accommodating the disability or| Understanding the ADA
My daughter is on break this week, and next week is going to be a little hectic. So, I had a moment to do a blog entry that is quite personal to me, but I| Understanding the ADA
For those in New England, congratulations on a phenomenal come back. Greatest comeback in Super Bowl history. As you can imagine, people in Atlanta are a| Understanding the ADA
I had a great time last week doing two CLEs with my colleague and foil Richard Hunt in Dallas. Those webinars can be found here and here. We had an| Understanding the ADA
Today’s blog entry talks about a case that is not an ADA case at all. However, I do expect the case to have a huge impact on a particular area of ADA| Understanding the ADA
