News & Analysis as of

Reasonable Accommodation Americans with Disabilities Act (ADA) Title II

Marshall Dennehey

State Officials’ ADA Liability Under the 11th Amendment

Marshall Dennehey on

In the recent case, Durham v. Kelley, 82 F.4th 217 (3d Cir. 2023), an inmate at the New Jersey State Prison who had been diagnosed with lumbar stenosis brought a pro se action, alleging violations of the Americans with...more

Seyfarth Shaw LLP

Sixth Circuit Approves Hospital’s Exclusion of Nursing Student’s Service Animal

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Sixth Circuit Court of Appeals approved state-owned hospital’s exclusion of nursing student’s service animal that posed a direct threat to patients and staff with severe allergies where no reasonable...more

Parker Poe Adams & Bernstein LLP

Ah-Choo! Co-Workers' Allergic Reaction to Service Dog in Workplace Impacts Accommodation Claim

We regularly receive questions from employers about their obligation to permit employees to bring their dogs or other service animals to work as a form of accommodation under the Americans with Disabilities Act. Employers are...more

Bradley Arant Boult Cummings LLP

Is the Office Going to the Dogs? “Ruff” Questions on Service and Emotional Support Animals

Can you have a no pets at work policy? What if an employee has a service dog? What if it is an emotional support dog? As with all things legal (and ADA), it depends, and you should give some thought and engage in an...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

The Need For Accommodations In Prison For Those With Autism Spectrum Disorder

Neurodiversity is a real thing, especially in prison. People with Autism Spectrum Disorder (ASD) often have sensory processing disfunctions that make life behind bars unbearable. The anxiety and trauma caused by bright...more

Husch Blackwell LLP

Fifth Circuit Holds Texas Counties Can be Sued for Failing to Provide Interpreters to Criminal Defendants

Husch Blackwell LLP on

On August 19, 2022, the U.S. Court of Appeals for the Fifth Circuit held that a lawsuit over alleged violations of Title II of the Americans with Disabilities Act (ADA) could proceed against Lee County, Texas. The plaintiff...more

Benesch

Gender Dysphoria Protected by the ADA, Per Fourth Circuit

Benesch on

Recent case law continues to develop the scope of legal protections for transgender individuals. One month after a Texas court enjoined the Equal Employment Opportunity Commission (“EEOC”) from enforcing its 2021 guidance...more

Verrill

Public Accommodation Laws and Vaccination Inquiries

Verrill on

Last week, the EEOC provided updated COVID-19 guidance to employers on vaccines and vaccine incentives in the employment realm. One area, however, in which the agencies has been silent is in the public accommodation space and...more

Butler Snow LLP

EEOC Guidance on Mandatory COVID-19 Vaccine Policies

Butler Snow LLP on

As the first trucks of COVID-19 vaccines start their way around the United States, many employers are eager to return to work. The first reaction many employers have to news of FDA approvals for COVID-19 vaccines is whether...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: EEOC Issues Guidance On COVID Vaccines

And employers will like it. NOTE FROM ROBIN: This is the text of a Legal Bulletin that we sent out today. I am posting it here for those of you who don't subscribe to our bulletins. The U.S. Equal Employment Opportunity...more

Bricker Graydon LLP

Hospital COVID-19 visitor restrictions must still comply with the ADA

Bricker Graydon LLP on

In the midst of the holiday season, COVID-19 cases and hospitalizations across the country continue to rise rapidly. Although protecting the public from COVID-19 is paramount, policies that restrict visitor access in...more

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