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
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Even the EEOC Can Get Itself Sued and Have to go Through Discovery
By William Goren on
Before getting started with the blog entry of the day, I want to congratulate the Tampa Bay Rays and the Los Angeles Dodgers for getting to the World Series. Tampa Bay won in seven games. The Dodgers came back and beat the Braves after trailing 3-1. Good luck to both. Sports are an escape in…
Does the Ministerial Exception Apply to Hostile Work Environment Claims?
By William Goren on
Before getting started on the blog entry of the day, I put my absentee ballot in a drop box yesterday. Whoever you are voting for, please do vote. Also, my Braves beat the Dodgers yesterday in game one of the National League championship series. Can they win another three? I see the Tampa Bay Rays…
H.R. 2694: The Pregnant Workers Fairness Act
By William Goren on
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…
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Today’s case is an unpublished decision out of the Northern District of Texas that has potential to be a real sleeper.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.
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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…