First off, I want to wish all of my Jewish brethren a happy new year, and a nice period of reflection leading up to Yom Kippur. A bit different this year with massive synagogue gatherings not being in the cards. Some of us just reflected while others may have gone online and participated with their
Title I
EEOC Covid-19 Update: September 8, 2020
By William Goren on
Last week, the EEOC updated Covid-19 publication. What I have done here is list the EEOC update verbatim with respect to the material that we have not covered before. At the end of each section that is new (don’t worry about the numbers that appear in the hyperlink sections of the EEOC document as that
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Burden of Proof for Direct Threat Cases
By William Goren on
Today’s case is an unpublished decision out of the Northern District of Texas that has potential to be a real sleeper.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…
How Much Additional Leave after FMLA Leave is Reasonable?
By William Goren on
Today’s blog entry deals with a very common scenario. It works this way. Person goes on FMLA leave. FMLA leave is for 12 weeks. Employers can require employees to exhaust sick and vacation time as part of that leave. After that, the employee is on unpaid leave. When the leave is over the employee gets…
Covid-19 scenarios
By William Goren on
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…
CDC Mask Guidance and EEOC Guidances Dealing with Opioids
By William Goren on
Today’s blog entry discusses the recent guidance from the CDC on consideration for wearing masks updated on August 7, 2020. It also discusses two different recent guidances from the EEOC on opioids. My thanks to Eric Meyer for pointing out the CDC guidance. He has an entry on it in his blog, here. The…
Burden of Proof for Determining Essential Functions of the Job
By William Goren on
Before getting started on the blog entry of the day, yesterday was the 30th anniversary of the ADA. Happy anniversary!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
One of the things that comes up is why is the ADA such a good idea if hiring people with disabilities has remained static over the years. My response to that question is…
Unreasonable Delay in Granting a Reasonable Accommodation is Actionable Under the ADA
By William Goren on
Before starting our blog entry, two lions of the civil rights movement passed away on the same day recently. C.T. Vivian and John Lewis. John Lewis happened to be the person who represented me in the U.S. Congress. Georgia Democrats have selected the Georgia state Democratic Party chair, GA State Sen., Nikema Williams, as his…
Definitional Terms Still Matter: Physical or mental impairment and Substantial Limitation
By William Goren on
Today’s blog entry is a two-for-one dealing with the fact that definitional terms still matter even after the amendments to the ADA. In the first case, Colton v. Fehrer Auto, North America, LLC, we revisit the question of whether being short is a disability without more. In the second case, Darby v. Childvine, Inc.…
Applicability of title I of the ADA to Foreign Flagged Cruise Ships
By William Goren on
Today’s blog entry deals with the question of whether title I of the ADA applies to foreign flagged cruise ships. We know that under this case, Spector v. Norwegian Cruise Lines, title III of the ADA applies to foreign flagged cruise ships under some circumstances. However, this is a title I case. It’s a…