The issue of whether the Internet has to be accessible to a person with a disability is an issue that we have discussed before. One of the cases out there is the case of Access Now v. Southwest Airlines, 227 F. Supp. 2d 1312 (S.D. Fla. 2002), where the Southern District of Florida
Title I
Is indefinite medical leave a reasonable accommodation under the ADA? ? State Law? Local municipal law?
By William Goren on
Posted in State Cases, Title I
In a prior blog entry, we discussed whether indefinite medical leave was a reasonable accommodation under the ADA. In that blog entry, we discussed a case from the 10th circuit, where they held that indefinite leave was not a reasonable accommodation under the ADA. But that isn’t the end of the matter. What about…
Mixed motive and title I redux
By William Goren on
One of my more popular blog entries is the blog entry discussing University of Texas Southwestern Medical Center v. Nassar. In that blog entry, I talked about how that decision necessarily means that mixed motive jury instructions are available with respect to ADA title I (non-retaliation) claims. We now have a case, Siring…
Does a resignation end an employer’s duty to accommodate an employee?
By William Goren on
Posted in Federal Cases, Title I
An employee learns that she has cancer. Shaken up by the diagnosis she returns to work the same day and tells the on-site coordinator of her diagnosis. The on-site supervisor then communicates same to the company’s administration and on-site operations manager for the regional area explaining that the employee has been sent home because of…
SSDI v. ADA and the doctrine of judicial estoppel
By William Goren on
Person works for a company of over fifteen employees, develops a disability, and is terminated from her position because of that disability. She then files for SSDI. She then brings suit under the ADA for failure of the employer to reasonably accommodate her disability.
In these type of situations, the employer will invariably defend using…
Otherwise qualified and reasonable accommodation two different concepts?
By William Goren on
In the employment context, in order to be protected under the ADA, you have to have a disability and you also have to be qualified (until the amendments act the term was otherwise qualified but the meaning remains the same). Whether a person is qualified under title I of the ADA, depends upon whether that…
Some useful things to know about regarded as claims
By William Goren on
In order to get damages under title I of the ADA, you have to show intentional discrimination. In order to get damages under title II of the ADA, you have to show deliberate indifference. But what does intentional discrimination mean with respect to a regarded as claim? Must there be discriminatory animus or can there…
Affirmative action and persons with disabilities part two and did OFCCP set up a constititutional challenge to torpedo all of it
I do not normally blog more than once a week. You would be surprised how time-consuming writing a blog entry really is. Also, I don’t like to have blog entries that cannibalize each other. Rather, I like to have a blog entry get a chance to stand on its own for a while. That gives…
Would having a disability protect you from being terminated for harassing others?
By William Goren on
Consider: Employee/volunteer/Intern… with a disability is sexually harassing his or her coworkers. The disability is such that the employee/volunteer is unlikely to stop. The hiring authority terminates the employee/volunteer and the employee/volunteer sues the hiring authority for disability discrimination. This sounds very much like what could’ve been the case with the former Mayor of San…
What does it mean to exhaust administrative remedies?
By William Goren on
Title I of the ADA requires that before a plaintiff can go to court they must first exhaust administrative remedies first. That means receiving a right to sue letter from the EEOC and filing your claim with the EEOC or an equivalent state agency within the requisite time period. It also means giving the EEOC…