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Mattioda v. Nelson
NASA scientist met pleading standard for hostile-work-environment claim when he stated that harassment began after informing superior of his disability.
Disability Discrimination, Employment Discrimination 9th Apr. 23, 2024
Acheson Hotels, LLC v. Laufer
U.S. Supreme Court decided not to rule on standing issue involving Americans with Disabilities Act Reservation Rule compliance "tester."
Disability Discrimination USSC Dec. 6, 2023
Lurner v. American Golf Corp.
Golf course did not discriminate against plaintiff with pulmonary arterial hypertension because it provided reasonable modifications to its golf cart policies, exempting him from many, though not all normal cart restrictions.
Disability Discrimination 4DCA/3 Nov. 16, 2023
Garcia v. Gateway Hotel L.P.
With Americans with Disabilities Act claims, courts may discretionarily award costs to the prevailing party pursuant to Federal Rule of Civil Procedure 54(d)(1).
Disability Discrimination 9th Sep. 18, 2023
Martin v. THI E-Commerce, LLC
The Americans with Disabilities Act does not apply to websites without a connection to a physical location.
Disability Discrimination 4DCA/3 Sep. 15, 2023
Fernandez v. 23676-23726 Malibu Road, LLC
When an Americans with Disabilities Act case is dismissed because plaintiff lacks standing, the court lacks jurisdiction to award attorneys' fees to defendant because the fee-shifting provision contains no independent grant of jurisdiction.
Disability Discrimination 9th Jul. 27, 2023
Kourounian v. California Dept. of Tax & Fee Administration
Discrimination allegations from employee's Equal Employment Opportunity complaint should have been excluded because only actions taken by his employer after the complaint were relevant to his retaliation claim.
Disability Discrimination 2DCA/8 May 25, 2023
Hodges v. Cedars-Sinai Medical Center
Hospital employee's evidence of a potential adverse reaction to a mandated flu shot was not sufficient to show she suffered from a physical disability.
Disability Discrimination 2DCA/8 May 23, 2023
Modification: Gropen v. Superior Court (Shabrang)
PTSD-afflicted plaintiff's request for the presence of his wife, who was also a witness, at his deposition was deemed timely as the request was made five days before deposition's occurrence
Disability Discrimination 4DCA/1 Apr. 7, 2023
Gropen v. Superior Court (Shabrang)
PTSD-afflicted plaintiff's request for the presence of his wife, who was also a witness, at his deposition was deemed timely as the request was made five days before deposition's occurrence.
Disability Discrimination 4DCA/1 Apr. 3, 2023
Luna Perez v. Sturgis Public Schools
IDEA's statutory administrative-exhaustion requirement did not preclude plaintiff from filing an ADA action seeking compensatory damages for his claims because IDEA could not provide such a remedy.
Disability Discrimination USSC Mar. 22, 2023
Langer v. Kiser
Courts may not use an American with Disabilities Act serial litigant's history in order to establish credibility as to whether he has future standing.
Disability Discrimination 9th Jan. 24, 2023
SoCal Recovery LLC v. City of Costa Mesa
Proof of "actual disability" under the Fair Housing Act may be demonstrated on a collective rather than individual basis.
Disability Discrimination 9th Jan. 4, 2023
Price v. Victor Valley Union High School Dist.
A jury could reasonably conclude that a school district regarded a part-time special education aid as having a physical disability when it rescinded its offer for a full-time position based on the aid's failure of a physical test.
Disability Discrimination 4DCA/2 Nov. 11, 2022
Shayler v. 1310 PCH, LLC
Given the repetitive nature of high-frequency Americans with Disabilities Act litigation, district court provided adequate "concise but clear explanation" of the grounds for decision to significantly reduce award for attorney's fees.
Disability Discrimination 9th Oct. 25, 2022
Amended Opinion: Bax v. Doctors Medical Center of Modesto
Deaf individuals' disability discrimination claim failed when, under the totality of the circumstances, it was shown they were provided auxiliary aids that permitted effective communication.
Disability Discrimination 9th Oct. 19, 2022
Bax v. Doctors Medical Center of Modesto
Deaf individuals' disability discrimination claim failed when, under the totality of the circumstances, it was shown they were provided auxiliary aids that permitted effective communication.
Disability Discrimination 9th Sep. 13, 2022
Hawaii v. USEDU
The Randolph-Sheppard Act, requiring federal agencies to prioritize vendor contracts from blind individuals, applied to Army facilities' contracts for janitorial and custodial services.
Disability Discrimination 9th Aug. 31, 2022
Martinez v. Newsom
California special needs students and their parents could not bring an Individuals with Disabilities Education Act claim against California school districts since they failed to exhaust all administrative processes.
Disability Discrimination 9th Aug. 25, 2022
Brennon B. v. Superior Court (West Contra Costa Unified School District)
Student was not entitled to enhanced remedies available under the Unruh Civil Rights Act because a public school district is not a "business establishment" within the meaning of the Act.
Disability Discrimination CASC Aug. 5, 2022
Martinez v. Cot'n Wash, Inc.
No violation of the Unruh Civil Rights Act for maintaining a retail website inaccessible to the visually impaired because website was not a "place of public accommodation" under the ADA.
Disability Discrimination 2DCA/1 Aug. 3, 2022
Love v. Marriott Hotel Services
Deference to Department of Justice's interpretation of rules pertaining to information provided on hotel's website regarding disability accommodations was merited.
Disability Discrimination 9th Jul. 25, 2022
Shields v. Credit One Bank
Impairments while recovering from surgery could qualify as a "disability" despite being short-term because there are no categorical temporal limitations for disabilities under the Americans with Disabilities Act.
Disability Discrimination 9th May 9, 2022
Where Do We Go Berkeley v. California Dept. of Transportation
There was not a serious question as to whether plaintiffs' preliminary injunction fundamentally altered Caltrans' policies since the six-month delay prevented Caltrans from addressing the homeless encampments' public safety threat.
Disability Discrimination 9th May 2, 2022
Buchanan v. Watkins & Letofsky
Title VII's integrated enterprise test can be used to determine if two entities are interconnected to collectively meet the American with Disabilities Act's 15-employee threshold requirement.
Disability Discrimination 9th Apr. 8, 2022
Arroyo v. Rosas
In cases alleging Americans with Disabilities Act and Unruh Act violations, courts may properly decline supplemental jurisdiction due to exceptional circumstances but must do so before adjudicating the entire case.
Disability Discrimination 9th Dec. 13, 2021
D.D. v. Los Angeles Unified School District
A student was required to exhaust his remedies under the Individuals with Disabilities Education Act because the gravamen of the student's Americans Disability Act complaint was the denial of a free appropriate public education.
Disability Discrimination 9th Nov. 22, 2021
Thurston v. Omni Hotels Management Corporation
A plaintiff must possess a bona fide intent to make use of a business' services to prevail under the Unruh Civil Rights Act.
Disability Discrimination 4DCA/2 Sep. 27, 2021
Csutoras v. Paradise High School
Department of Education's suggestions for preventing harassment of disabled students are not binding precedent in disability discrimination suits for monetary damages.
Disability Discrimination 9th Sep. 8, 2021
Landis v. Wash. State MLB Stadium Pub. Facilities Dist.
Because district court did not analyze second 'Accessible Stadiums' requirement, its decision concluding that stadium satisfied Americans with Disabilities Act was vacated.
Disability Discrimination 9th Sep. 2, 2021