The labor and employment blogosphere, see this excellent blog entry of Robin Shea and another excellent, and always provocative, blog entry from Richard Hunt for examples, have been talking about a recent case from the Eighth Circuit holding that obesity by itself is not a disability under the ADA. Normally, if a bunch of people
Title I
If You Are Alleging Associational Discrimination in the Employment Context, Odds Are You Will Have To Fit the Facts into Certain Boxes
I potentially have jury duty on Monday. It is hard to believe that I would be selected. However, Georgia has no exemptions for attorneys serving on juries. I think like most attorneys, I would love to have the opportunity to serve on a jury. On the other hand, attorneys are paid to persuade. Also, I…
You’re Not Going to Believe This, but I Say Appeal This One to the Supremes before, after, or In Lieu of an En Banc Hearing
First off, I hope that everybody who celebrated Good Friday and Easter had a happy one. Today’s case, Gentry v. East-West Partners Club Management Company, Inc. is a published decision from the Fourth Circuit, which came down on March 4, 2016. I don’t believe in all my blog entries that I have ever taken the…
Labels Are Everything: Characterizing Essential Functions of the Job Is a Critical Question
Today’s case is a case originating in Winston-Salem, NC that I have been following for some time. I want to thank Robin Shea, who actually works in Winston-Salem, for alerting me in a recent entry to her blog (see my blogroll), that the Fourth Circuit decision came down. The case is Stephenson v. Pfizer, Inc.…
EEOC Proposed Rule on Affirmative Action for Individuals with Disabilities in the Federal Government
The federal government has put affirmative action back on the table with the EEOC proposed rule for Affirmative Action for Individuals with Disabilities in the Federal Government. Previously, I have written here on the Office of Federal Contracting Compliance Program rule for federal contractors. When it comes to the Rehabilitation Act, here is how…
Does § 504 Apply to Independent Contractors?
Previously, I have discussed here whether § 504 applies to employment. Today’s case, Flynn v. Distinctive Home Care, Inc. (you can find my blog entry discussing the District Court opinion here), takes it even further. Today’s case, explores whether § 504, assuming it applies to employment, applies to independent contractors. As is my usual…
Proposed Enforcement Guidance on Retaliation and Related Issues from the EEOC: the ADA Version
My most popular blog entry of 2015 by far was this one. Recently, January 21, 2016, the EEOC issued a proposed enforcement guidance on retaliation and related issues. They put it out for public comment for a period of 30 days. It is intended to provide the public with information about how the EEOC…
Does an ASL Interpreter Mean that Person is Doing the Essential Functions of Another’s Job and Other Matters
This case was pointed out to me by a member of the Deaf and Hard of Hearing Bar Association, of which I am a member, on its facebook page, which is where most of the communication for the Association occurs. This case raises several interesting issues: 1. Does hiring a person to be an ASL…
The List of 2015 Most Visited Understanding the ADA blog entries
First off, I hope for those who celebrate Hanukkah that it was a festive and happy one. For those who have Christmas and other holidays upcoming, good luck on your shopping and have a great holiday! When you need a break from the holiday mishigas (Yiddish for craziness), the latest employment Law blog carnival is…
Essential job functions, Big Time College Football and Alcoholism
Just about everyone on the Internet and in the blogosphere is talking about the filing of Coach Sarkisian’s disability discrimination lawsuit against University of Southern California. All kinds of folks have blogged on it already. Normally, since all kinds of folks have blogged on it, many doing it quite well, I would refrain from commenting.…