Reasonable accommodation
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HUD was wrong about pet deposits – it’s as simple as that.
I’ve written quite a few times in the last decade about the absurdity of HUD’s position that landlords cannot charge a fee or deposit for an assistance or emotional support animal.¹ HUD’s position has never made sense because asking for the waiver of a fee or deposit is just another kind of accommodation claim that Continue reading
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Is Asthma a disability under the ADA? Good question.
Employers and others covered by the ADA, FHA and other laws prohibiting disability discrimination often want to know whether this or that medical condition is a disability. A pair of decisions from the Sixth Circuit, both decided in the last month, explain why there may not be an unequivocal answer. Continue reading
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Starbucks again – Lactose intolerance, alternative milk and the ADA
Back in 2022 a plaintiffs’ firm filed a national class action in Florida against Starbucks claiming that it discriminated against those with lactose intolerance by charging extra from non-dairy milk alternatives. The case progressed in fits and starts, as most such cases do, until February 27 of this year, when the Court gave the plaintiffs Continue reading
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Quick Hits – If you’re going through hell edition.
Dante’s hell was a complicated place, as this map by Botticelli suggests. Although Rodney Atkins’ advice “if you’re going through hell, keep on going” appears sound, winding through all the complexities of the ADA and FHA can seem like descending through all nine levels of hell. Nonetheless, I’m happy to act on a temporary basis Continue reading
Accessibility Litigation Trends, ADA – drive-by litigation, ADA – Hotels, ADA – serial litigation, ADA Attorney’s Fees, ADA Internet Web, ADA Litigation Procedure, ADA service animals, ADA Vending Machines, ADA Web Access, FHA Emotional Support Animals, HOA, Public Facilities, Reasonable accommodation, Rehabilitation Act -
Quick Hits – assembly line edition.
With more than 40 new decisions in the last two weeks it hasn’t been easy getting this blog out. I’m not the only lawyer with too much to do too fast, as the following cases demonstrate. The problem with industrial litigation In a classic episode of “I Love Lucy” she and her friend Ethel get Continue reading
