ABA Journal

Disability Law

628 ABA Journal Disability Law articles.

Lawyer is still entitled to disability benefits for depression linked to law practice, 6th Circuit rules

A former Traverse City, Michigan, personal injury lawyer is entitled to continued monthly payments under his disability insurance policy because of evidence that his recurrent depression makes him unable to work as a trial attorney, a federal appeals court has ruled.

Law prof’s suit against law school alleges race and gender discrimination, family status bias

A federal lawsuit alleging race, gender and disability discrimination was filed Friday against the University of Michigan and its law school by a law professor who is Black and a single mother.

Disability law protects people with gender dysphoria, 4th Circuit rules

A federal appeals court ruled Tuesday that the Americans with Disabilities Act protects people with gender dysphoria, which describes the condition in which a person experiences distress because of a conflict between their biological sex and their gender identity.

Sleepwalking employee who got into next-door colleague’s hotel bed isn’t protected by disability law, 5th Circuit rules

An employee who was fired after sleepwalking into her colleague’s bed in a next-door hotel room is not protected by disability law, a federal appeals court has ruled.

5th Circuit rules against children with disabilities who challenged Texas’ ban on school mask mandates

A federal appeals court on Monday ruled that children with disabilities had no standing to challenge a ban on school mask mandates in Texas because they hadn’t shown that a favorable decision would redress their injuries.

Harvard Law grad loses suit claiming lack of bar exam accommodations nixed her BigLaw career

A federal judge has tossed a lawsuit filed by a New York lawyer who claims that she failed the bar exam on her first two tries because of disability bias by the New York State Board of Law Examiners.

Bar examinees have little success with accommodation requests and say the process is stressful

Andrea Gagliardi has various diagnosed disabilities. She had hoped two recent neuropsychological evaluation reports would support her bar exam accommodation requests. But that didn’t happen.

Private companies in Oregon jails must follow state anti-bias law, top state court rules

The Oregon Supreme Court has ruled that private contractors providing services in the state’s prisons are subject to the state law barring discrimination against those with disabilities.

11th Circuit rules against lawyer disbarred for failing to comply with mental health requirements of conditional bar admission

A federal appeals court has ruled against a Florida lawyer who challenged her disbarment for failing to comply with mental health requirements of her conditional admission to the bar.

Florida lawyer lied to hundreds of disabled trust clients, SEC says

The U.S. Securities and Exchange Commission is accusing a Florida attorney of defrauding at least 380 clients, most of whom have disabilities and are recipients of Medicaid or Social Security Supplemental Security Income benefits.

Weekly Briefs: Prof gets $400K settlement in pronoun case; panic-attack firing leads to $450K verdict

Prof who refused to use preferred pronouns gets $400K settlement

Shawnee State University in Ohio has agreed to pay philosophy professor Nicholas Meriwether $400,000 and to rescind a written warning…

‘Shameful’ insular cases should be overruled, Gorsuch says, as SCOTUS rules against Puerto Rico resident

The U.S. Supreme Court ruled 8-1 Thursday that the United States doesn’t violate the equal protection clause by denying disability benefits to residents of Puerto Rico.

Do digital distractions justify law professors’ prohibitions on laptops?

A first-year student who is autistic has an accommodation to use a laptop for taking notes. He also has 14 years of experience teaching in addition to a PhD in education. He was surprised, therefore, when his criminal law professor, who prohibits technology in the classroom, asked him to sit in the back of her class so his computer would not distract others.

Child, 5, lacked intent for prosecution for alleged attack that sent teacher to hospital, experts say

Florida law provides that anyone suspected of a forcible felony, such as aggravated assault, can be prosecuted—no matter what their age is.

The country has a long way to go with ADA compliance, say 2 civil rights lawyers

Although the Americans with Disabilities Act is decades old, many businesses, including law firms, continue to treat it as a suggestion, rather than federal law, according to Eve Hill and Jason Turkish, two lawyers who represent plaintiffs in disability cases.

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