As everyone knows, I don’t often blog more than once a week. However, there are occasional exceptions. Yesterday, the United States Supreme Court heard oral argument in Kisor v. Wilkie, a case that has huge implications for those practicing in the area of disability rights. It has huge implications for labor and employment attorneys
March 2019
Gati and Lewis Appellate Decisions
Baseball season is about to get up and running. Good luck on your team for this year. In my case: the Chicago Cubs are expected to be good; the Chicago White Sox not so good; and the Atlanta Braves, anybody’s guess. Also, hope everyone is having fun if not success with the NCAA tournament. Currently,…
Title III Religious Exemption Affirmative Defense
I promised Jon Hyman of the Ohio Employer’s Law Blog that I would hold down the fort with respect to blogging while he and his family jetted off to Italy for vacation. So, here goes. Today’s case, Reed v. Columbia St. Mary’s Hospital, comes out of the Seventh Circuit, and was decided on February…
Dog in Apartments, Hostile Work Environment and the ADA, and Scared of Needles
Today’s blog entry is a triple play. In the first, we will go over an advice column and discuss what they got wrong and what they got right. In the second and third situation, we will briefly discuss two cases that came down from the Second Circuit recently: dealing with hostile environment under the ADA…
Qualified Otherwise Qualified Means Factoring in Reasonable Accommodations
Today’s blog entry returns us back to the world of employment law. One of the things that drives me crazy is that people, including judges, sometimes forget whether a person is qualified to do a particular job means assessing whether the individual can perform the essential functions of the job WITH or without reasonable accommodations.…