The Blog of William D. Goren, J.D. LL.M.
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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…
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…
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…
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…
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…
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…
I want to wish all those celebrating Passover, which started yesterday, and Easter, which is Sunday, a happy holiday.
This blog entry is divided into separate categories, but unlike my usual system, the categories are little bit different. Here we have: introductory comments, the case that is the subject of this blog entry (Burrage…
It is not unusual for companies of all sizes to outsource their HR functions and/or their benefit administration, though outsourcing their benefits administration is probably more common. What happens if the third party administrator starts making employment decisions for the company whose benefits they are administering? In that situation, there is a risk that the…
The stereotype of judges is that they are boring and wouldn’t relate well to an audience. I have attended several CLE’s where judges were the speakers, and that stereotype is just not true. Of course, some are better than others, but that is true with every speaker you here. One of the great CLE speakers,…
One of my more popular blog entries is the blog entry that discusses suing a state court system for disability discrimination . Here is another case along those lines. In Phillips v. New Hampshire Circuit Court, Eighth Circuit, District Division, 2014 WL 495656 (D. N.H. February 5, 2014) (unpublished decision), the plaintiff had a…