Robin Shea, the blogger of one of the blogs in my blogroll, talked about the case for this week in a recent blog of hers. The case is Herx v. Diocese of Fort Wayne South Bend. Robin’s perspective is always great and fun to read, but I wanted to offer my own perspective as
Title I
Medical inquiries, medical exams, disability related inquiries, job relatedness, and consistent with business necessity
By William Goren on
I
Overview
The ADA has a whole scheme that deals with medical inquiries/exams/ disability related inquiries. Basically, the way it works is this:
1. Preemployment medical inquiries/ exams are prohibited. However, nothing wrong with asking whether a person can do what would be an essential function of the job. That said, if you are going…
Why the majority and dissenting opinion in the Ninth Circuit case of Weaving v. City of Hillsboro both got it wrong
By William Goren on
I first found out about this case- Weaving v. City of Hillsboro, a published decision from the Ninth Circuit decided August 15, 2014- from reading Jon Hyman’s excellent blog entry on it, which can be found here.
Jon does an excellent job of describing the facts of the case and I quote from…
Can You Get Compensatory and Punitive Damages in ADA Retaliation Claims
By William Goren on
Your client asked for reasonable accommodations/modifications and was retaliated against for doing so. Let’s assume that the retaliation is fairly obvious. The question becomes when you file a retaliation claim are you going to be able to get compensatory and punitive damages? Might it depend upon the title or law that you are suing under?…
Good faith interactive process
By William Goren on
I
What is a good faith interactive process?
The ADA requires an interactive process whenever a person with a disability gives the employer, governmental entity, or business notice (broadly defined), that they are in need of reasonable accommodations/modifications as a result of a disability. What would a good faith interactive process look like in the…
Is pregnancy a disability? The true false version
By William Goren on
Three of my colleagues, Robin Shea, Eric Meyer, and Jon Hyman have written excellent blog entries on the latest EEOC guidance dealing with pregnancy discrimination. There is also a section of that guidance dealing with how pregnancy may also constitute disability discrimination under certain circumstances. I thought it would be informative if I…
Be careful about taking accommodations that are working away
By William Goren on
I know I generally blog on Mondays, but this has been a strange week between client matters and an unusual family schedule.
Also, it isn’t unusual for those who blog to wind up blogging on things that some other blogger has covered. I don’t mind doing that so long as we have different perspectives that…
Litigation strategy and how to make ADA matters worse
By William Goren on
One of my favorite songs of all time is “The Gambler” by Kenny Rogers. For those who don’t know, it is a song about poker, but it might as well be a metaphor about litigation. The chorus of the song goes, “you gotta know when to hold em, know when to fold ’em, know when…
Should we now be asking when to bother with the Rehabilitation Act and preventive tips can come from anywhere
By William Goren on
Jon Hyman’s blog is in my blogroll and I want to thank him for calling to my attention the case of Sjostrand v. The Ohio State University. Jon, as always, did a great job in his blog entry, but I want to take a different approach. What I want to discuss is how this…
Is attendance always an essential function of the job?
By William Goren on
When the ADA first was enacted back in 1990 and went into effect in 1992, the Internet was just getting started. Back then, it was pretty obvious to everyone that an essential function of the job must mean showing up for it. Since then, technology has evolved quite a bit so now many people can…