Definition of disability
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DOJ withdraws guidances on accessible facilities – it’s a start.
Attorney General Sessions’ withdrawal of various ADA guidances is good news for business, but only in the mildest way. Yesterday we looked at the withdrawal of two old guidances regarding service animals. Both were slightly out of date and their withdrawal did not make any substantive change in the requirements for businesses. Today we look at Continue reading
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“Disability” and “Handicap” are not the same, and it matters
After reading a recent blog in which the author asserted that “handicap” under the Fair Housing Act had the same meaning as “disability” under the Americans with Disabilities Act I thought it would be useful to re-visit this question, which I last wrote about in 2014. There have been a few new decisions, none decisive, Continue reading
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Disabled? Compared to whom? Measuring ADA disabilities
In Winston Groom’s “Forrest Gump” a young man with a significant intellectual impairment manages to accomplish great things through a combination of luck, determination, and insistent loyalty to his friends and family. Was he disabled as that term is defined under the ADA? An April 11 decision from the Easter District of Pennsylvania reminds us how complex Continue reading
