Today’s case, to DeWitt v. Southwestern Bell Telephone Company deals with the honest belief rule. This rule allows an employer to justify a termination if it honestly believes its reason for doing so was valid regardless of whether it actually was. As is usual, the blog entry is divided into categories: facts; court’s reasoning; and
Title I
Admissibility of settlement offers and their impact on the interactive process
By William Goren on
Obviously, I missed a blog entry last week. I have an explanation. My daughter was on break, my wife took a couple of days off towards the end of the week, and client matters intervened. Also, last week, I added an article to my in the media section, where I can be found discussing in…
Survival of ADA Claims Redux
By William Goren on
Two years ago, I discussed in this blog entry the issue of whether ADA claims survive. In that case, the court looked to local law to decide whether the ADA claim survived. Today’s case, Guenther v. Griffin C Inc., goes one further by holding that it isn’t local law that decides whether claims for…
Do Security Clearances Trump the ADA/Rehabilitation Act?
By William Goren on
Today’s case is from the very end of December of last year and involves a question that I have not seen before. That is, if there is a national-security exemption for having to comply with the ADA and the Rehabilitation Act? The case is Hale v. Johnson decided by the Sixth Circuit on December 29,…
Understanding The ADA 2016 Top 10 Blog Entries +2
By William Goren on
Posted in ADA, Constitutional law, Federal Cases, Final Federal Regulations, Guidances, Title I, Title II, Title III, Title V
It is time for the top 10 of 2016. For the most part, the greatest hits stayed the same during the course of the whole year. I believe I updated the greatest hits at the end of the first quarter of this year and then did not do so after that. There were only two…
Mandatory Reassignment yet Again, Rule 59(E), EEOC Legal Malpractice?, And Other Matters
By William Goren on
I know I said that last week’s blog entry would be my last substantive blog entry of the year, but events can always happen to change my mind. Recently, the 11th Circuit came down with a published decision on December 7, 2016, in EEOC v. St. Joseph’s Hospital, Inc. , which has several issues…
EEOC Conciliation And Investigation Obligations Post Mach Mining
By William Goren on
With the holidays rapidly approaching and my daughter and going on holiday break on the 19th, I am thinking that this might be my last substantive entry of the year. Next week’s entry is going to be on the greatest hits of 2016 for Understanding the ADA. Before moving onto the blog entry…
A Donald Trump Administration and the Rights of Persons with Disabilities
Before moving on to the post of the week, you will notice that the blog has a new look and feel. I upgraded the blog so that it is better able to be used on mobile devices and more importantly the upgrade increases its ability to be accessible. Besides the look, you will see that…
Just What Does Qualified/Otherwise Qualified Mean Anyway?
By William Goren on
Today‘s blog entry comes from the Sixth Circuit and it reminds us of the following: 1) job descriptions must be kept current; 2) essential functions of the job must reflect the reality of how the job is performed; 3) whether a person is a qualified person with a disability under the ADA depends upon whether…
Service Dogs And Emotional Support Animals with Respect to Title I of the ADA (Employment)
By William Goren on
Posted in ADA, Federal Cases, Final Federal Regulations, Rehabilitation Act, State Cases, Title I, Title II, Title III
Before getting started on the blog entry of the day, I would be remiss if I didn’t note that the Cubs are back in it! Winning two games against a very tough Cleveland team in Cleveland with a likely Hall of Fame manager is going to be very tough. Go Cubs!
Last week, a person…