This week’s blog entry once again goes to the dogs, but this time we discuss dogs in the employment context. One of the things I am seeing quite a bit of is persons with disabilities really get confused about the rights they have with respect to the animals they use to compensate for their disability.
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What Constitute Sufficient Notice in Failure to Accommodate Cases and Other Good Stuff
By William Goren on
The last week of the baseball season went down to the final day. Somehow or another, I wound up with three teams in the baseball playoffs, and in no particular order: Braves; White Sox; and Cubs. Braves and the Cubs can’t meet unless they are playing for the National League pennant. Good luck to all…
Billesdon Ain’t Over Yet
By William Goren on
Before getting started on the blog entry of the day, congratulations to the Los Angeles Dodgers and the Milwaukee Brewers for clinching their division. I still have three teams in the hunt. Atlanta looks like they will win the division, but you never know. The Chicago Cubs and the Chicago White Sox are still fighting…
This Case Illustrates Why You Always Need to Read the Footnotes
By William Goren on
Before getting started on the blog entry of the week, I do want to recognize the passing of Dolly Parton. I grew up on her music. She will probably go down as one of the greatest songwriters of all time not to mention one of the greatest recording artists of all time, an actress (who…
Bullet Proofing Essential Functions of the Job
By William Goren on
This week’s blog entry explores how an employer might go about bulletproofing just what are the essential functions of a job. The case for the week is In the Matter of Rachael Smelyansky v. New York State Office of Gen. Services, here, decided by the State of New York’s Appellate Division on June 11,…
Qualified/Otherwise Qualified and Failure to Accommodate: Lots of Easy to Understand Thoughts Emanating from the Eighth Circuit
By William Goren on
Before getting started on the blog entry of the week, I wanted to pass along that the Federal Bar Association has announced its award recipients for this year. I am quite honored to be the recipient of the Sarah T. Hughes Civil Rights Award (the history of that award can be found here). I…
Failure to Utilize Internal Reasonable Accommodation Policy Just Might Torpedo a Failure to Accommodate Claim
By William Goren on
This week’s blog entry focuses on an unpublished decision, Woodie v. Motorola Solutions, Inc. from the Sixth Circuit decided on March 10, 2025, here. The case highlights the importance of a person with a disability intentionally not pursuing any internal processes for requesting an accommodation. There is well reasoned dissent as well. As usual,…
What’s in a Name Matters: Is it Coaching or is it Impermissible Medical Exams/Disability Related Inquiries
By William Goren on
This week’s blog entry is a case that has been previously blogged on by others in the blogosphere. Robin Shea in her blog blogged on our case of the week, here. However, as readers know, there are occasions where I will blog on a case that someone else has talked about first when I…
The Scope of the Ending Forced Arbitration Act When it Comes to Related Claims
By William Goren on
Before getting started on the blog entry for the week, last week, the Federal Bar Association blog posted my piece on the interactive process. It’s an unusual piece of writing in that it talks about the step-by-step approach to the interactive process AND the psychological overtones of the process. Again, as I mentioned in that…
Work Product Privilege and AI an Issue Just Not Going Away
By William Goren on
This week is disability awareness week. I suppose every week is disability awareness week for me😊. In keeping with the spirit of the week, we have another blog entry.
Previously, we have blogged on whether the work product privilege is jeopardized by the use of AI. In that blog entry, here, we talked…