Today’s blog entry talks about a published decision from the Third Circuit that came down on March 3, 2021. It deals with what happens when a physical or mental exam after a conditional job offer is done in an ADA noncompliant way. The case of the day is Gibbs v. City of Pittsburgh, which can
Standing and What Does a Gateway Mean?
Today’s blog entry deals with two different cases and both of them deal with standing. The first case, Smith v. Golden China of Redwing, Inc., decided by the Eighth Circuit on February 17, 2021, which can be found here185186201204204, is the appeal of a case that we blogged on previously, here186187202205205. We won’t
Integrated Employer and the Consequences for Failing to Engage in the Interactive Process
Before turning to the blog entry of the day, I should point out that OSHA last week, January 29, 2021, issued a guidance entitled, “Protecting Workers: Guidance on Mitigating and Preventing the Spread of Covid-19 in the Workplace.” It can be found here184185197198198204. Lots of good information in the guidance. Keep in mind, that
Effective Communications and Deliberate Indifference Revisited
Today’s blog entry comes out of the Northern District of Georgia, and it involves the question of what is deliberate indifference in effective communication cases. We have talked about effective communication and deliberate indifference numerous times before in the blog. The case of the day is Nix v. Advanced Urology Institute of Georgia198199. By
Animals on Planes: DOT Final Rule
Miniature horse
yes to non-federal governmental entities; yes to places of public accommodations; but not on planes.
Previously, the Department of Transportation came out with proposed regulations on service animals, here121230180118219189696969197.
Fixing the Problem May Alleviate Liability Even in Non-architectural Barrier Cases
Before turning to the blog entry of the day, today is Veterans Day. I want to wish everybody who fought for our country or has family that served in the military a good Veterans Day. I also want to wish everyone a happy Veterans Day.
The case
Exby-Stolley Revisited: The 10th Circuit en banc Decision
Before starting on the blog entry of the day, if you have not already voted do so. Today’s blog entry is a case, Exby-Stolley v. Board of County Commissioners, Weld County, Colorado17918111819811820567, that I blogged on almost 2 years ago. About two years ago, the 10th Circuit came down with a decision, which
Burden of Proof for Direct Threat Cases
Today’s case is an unpublished decision out of the Northern District of Texas that has potential to be a real sleeper. That is, one of the things that the medical licensing boards and the PHP’s are doing are claiming that ensuring physicians with disabilities are not allowed to practice or can only practice with restrictions
Covid-19 scenarios
Today’s blog entry is a bit something different. What I thought I would do is discuss several Covid-19 scenarios happening in the real world and see how they apply to the ADA.
I
State of Connecticut’s Crackdown on Mask Exemptions
On August 12, 2020, the Hartford Courant reported that the governor of Connecticut
Nexus, Doe, or 42 USC §12181(7): When Must an Internet Site be Accessible to Persons with Disabilities?
Today’s blog entry comes from the Fourth Appellate District of the State of California. It is an Internet accessibility case. The difference with this case is that there is a focus on the California’s Civil Rights Act, what they call the Unruh Civil Rights Act. The facts are pretty straightforward. The plaintiff is permanently