Eighth Amendment, Title II, and Nondelegable Duty | Understanding the ADA
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| Understanding the ADA
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... Continue Reading| Understanding the ADA
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| Understanding the ADA
As everyone knows, I don’t usually blog twice a week. You wouldn’t think I would do that the Friday before the July 4 weekend. However, two Supreme Court| Understanding the ADA
One thing I have noticed with the pandemic is that legal bloggers have shifted what issues they are talking about to anything related to Covid-19. That| Understanding the ADA
Today’s blog entry comes out of the Eighth Circuit, where just don’t see a lot of ADA cases. This case, Equal Employment Opportunity Commission v. Drivers Management, LLC, is a published decision decided on July 10, 2025, and can be found here. The case explores several topics including: 1) direct evidence; 2) logistical undue hardship;... Continue Reading| Understanding the ADA
Today’s blog entry is a two for one. First, we explore some stunning developments in the area of housing and animals when it comes to persons with| Understanding the ADA
I am taking a break from watching the Olympics on Peacock and other channels. Hoping everyone has a good end to the summer. At least in my town, K-12| Understanding the ADA
Before getting started on the blog entry for the week, I want to wish those who are celebrating a happy and healthy Jewish new year. The new year starts this evening and culminates with the day of atonement next week. The case of the week is Granas v. Union Pacific Railroad Company out of... Continue Reading| Understanding the ADA
I am back in the office after taking an Alaskan cruise with a side trip to Denali National Park. Both are absolute bucket lists. If you have not done| Understanding the ADA
Before getting started on the blog entry of the week, a housekeeping matter in order. I will be out of the office August 30-September 12, so this will be| Understanding the ADA
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
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| 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, 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
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
