Before moving to Atlanta (as a result of my wife getting a job here), and devoting myself full-time to my practice of understanding the ADA, I taught people how to be paralegals in higher education for 12 years. The last four of which I ran an ABA approved paralegal program and was the ADA instructional
Title I
This is Outrageous! April Fools:-)
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This is just outrageous!* People shouldn’t say these things, such as:**
- “I’m not going to change anything with respect to IEP’s. After all, appropriate progress means anything you want it to mean.”
- “Since I don’t want your money, I can do what I want.”
- “A cool website is more important than an accessible website.
…
Honest Belief Rule
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…
Admissibility of settlement offers and their impact on the interactive process
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
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?
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
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
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
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…