Before moving on to the blog entry of the week, some of you may be wondering what happened to the comments section of the blog/website. The host of my blog/website has decided to discontinue that feature for the reasons mentioned here. While very few comments were made on each of the blog entries over
A Pair of Related Doctrines and a Big Win for Persons with Disabilities
Today’s blog entry is a discussion of two related cases. The comes from the first case comes out of the 11th Circuit. It is Behr v. Campbell, here, and it discusses the Rooker-Feldman doctrine. That decision is a published decision decided on August 12, 2021. The second decision is Lund v. Cowan,
Can ADA and Rehabilitation Act be used to Overrule Anti-Masks Mandates/Laws?
On one of the local National Public Radio stations here in Atlanta metropolitan area, there is a show called Political Rewind. On that show, distinguished panelists (political consultants, former officeholders, political science professors, etc.), talk about what is going on in Georgia politics and nationally as well. Today, they were talking about Republicans in Georgia
Physical Characteristics but not Physical Impairments Require a Look Behind the Hood
Back in July of 2020, I blogged on the case of Colton v. Fehrer Automotive, North America, LLC., here. That case explored the question of whether a 4’6” tall person has a disability under the ADA. The District Court threw the case out because the plaintiff did not allege any underlying reason for her
DOJ HHS Guidance on Whether Long Haul Covid-19 is a Disability
July 26 was the 31st anniversary of the ADA. As17 year old daughter would say, “Yeah!!!!!
Today’s blog entry deals with whether long-haul Covid-19 can be a disability under the ADA, §504 of the Rehabilitation Act, and §1557 of the Affordable Care Act. I have been saying for some time that long-haul Covid-19
Arguments For and Against Whether the Ministerial Exception Applies to Hostile Work Environment Claims
Synagogue (two story)
Previously, I blogged on a Seventh Circuit case discussing whether the ministerial exception applied to hostile work environment situation. In that panel decision, the Seventh Circuit said that the ministerial exception did not apply to situations involving a hostile work environment. You can see the complete discussion of that panel decision
Temporary Disability, EEOC Charges, and an ADA/Rehabilitation Act Case Comes to the Supreme Court
Happy Fourth of July week everyone. Hope everyone had a great Fourth of July. I am sure many are taking the week off or having an extended holiday. Have fun and be safe.
Today’s blog entry is a three in one. In particular, we will talk about how do you figure out when a
Have ADA Serial Plaintiffs and Testers Hit a Dead End?
Today’s blog entry discusses the real issue of whether ADA serial plaintiffs, architectural or Internet, and ADA testers will continue to have standing with respect to claims filed in federal court. The case of the day actually has nothing to do with disability discrimination, but in a sense it has everything to do with disability
Words from New Jersey Worth Looking at with Respect to Adverse Action in Failure to Accommodate Cases and Workers Compensation Exclusivity
Today’s case explores the arguments as to why an adverse action is not necessary in failure to accommodate cases. As a bonus, it also explores how workers compensation exclusivity does not preempt a state’s disability antidiscrimination law. The case of the day is Richter v. Oakland Board of Education decided on June 8, 2021, by
Naomi Osaka and Title III of the Ada
As everyone knows, Naomi Osaka made news last week in a big way. One of the things that I saw is that labor and employment bloggers were using it as an analogy for how they would deal with something like this under title I of the ADA, such as here184192212213215215. Sports commentators, such as