1. April 26, 2017

    Avoid Being Monetarily Fried by Fry

    BY: Adam Newman, Gabrielle Ortiz

    In the past, the IDEA’s exhaustion requirement has been applied in various parts of the United States to routinely bar lawsuits for injunctive relieve and/or money damages against school districts and their employees for violations of Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and the Americans with Disabilities Act (“ADA”), when administrative […] more

  2. March 3, 2017

    ADA and 504: Leaving a Paper Trail

    BY: Adam Newman, Justin Shinnefield, Gabrielle Ortiz

    An individual has a disability under the Title II of the ADA (“ADA”) and Section 504 of the Rehabilitation Act of 1973 (“Section 504”) if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such […] more

  3. April 12, 2016

    Workplace Disability Issues: Are Alcoholism and Illegal Drug Use Protected Disabilities?

    BY: Jacquelyn Takeda, Cathie Fields

    Drug users and alcoholics are treated differently under employment disability laws. Under the American with Disabilities Act (ADA), alcoholism is recognized as a disability. Thus, individuals suffering from alcoholism are entitled to the same protections under the ADA as someone with another qualifying physical or mental disability. On the other hand, the ADA specifically excludes […] more

  4. November 2, 2015

    Can an Employer Require an Employee to Take Medication as a Condition of Employment?

    BY: Jacquelyn Takeda, Cathie Fields

    Your employee is diagnosed with epilepsy after suffering a seizure at work. After a period of leave, the employee is cleared by a physician to return to work. Under the Americans with Disabilities Act (ADA), you must bring the employee back to work and provide reasonable accommodations to enable him to perform the essential functions […] more

  5. August 25, 2015

    Department of Justice Accelerates Expectations for Website Accessibility

    BY: Jessica Armijo, Cathie Fields

    As discussed in our May 29, 2015 entry, “Website Accessibility Under the ADA,” the U.S. Department of Justice (DOJ), in the absence of regulations, recognized certain industry principles as guiding public accommodations when making websites accessible under the Americans with Disabilities Act (ADA). Relying on such guidelines, businesses and public agencies reasonably believed providing website […] more

  6. May 29, 2015

    Website Accessibility Under the ADA

    BY: Jacquelyn Takeda, Cathie Fields

    Congress enacted the Americans with Disabilities Act in 1990, at a time when the Internet had a relatively minor impact on the daily lives of Americans. Today, the Internet plays a critical role in personal, civic, educational, commercial, and professional life. Public agencies increasingly rely on the Internet as an efficient and comprehensive method of […] more

  7. May 26, 2015

    What It Really Means To Be a “Frivolous Claim” for Purposes of Fee-Shifting

    BY: Joanne Kim, Karen Gilyard

    A case out of the Ninth Circuit Court of Appeals, C.W. v. Capistrano Unified School District, was decided on March 2, 2015 and involved the review of a district court’s award of attorney’s fees to a California school district upon a finding that the claims therein were frivolous, unreasonable, and without foundation. The IDEA provides […] more