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
Title V
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…
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…
Just When Does the Statute of Limitations Begin to Run in an ADA Employment Claim?
This is actually my second shot at a blog entry for this week. I actually spent a little bit of time this morning writing up a blog on the proposed regulations implementing the nondiscrimination provision of the genetic information nondiscrimination act. However, as I was going through a draft for such a blog entry, I…
The Double Whammy of Pregnancy and Disability after Young v. UPS: EEOC Steps in
This is an update to the blog entry that I previously posted. I am revising it because upon further review, it is NFL season after all (Go Falcons!; Go Cubs too!), I realized that confusion was created over when the amendments to the ADA went into effect versus when the final regulations of the ADA…
Alcoholism, Associational Discrimination, Retaliation, and Magic Words
For my Jewish brethren, I hope everyone survived the gauntlet of the Jewish High Holidays, which ended last night. Again, wishing everyone and their families a happy and healthy new year.
Today’s case comes from the United States District Court’s Southern Division in South Dakota and it takes on issues of alcoholism as a disability,…
Proposed Rules of HHS Implementing the Affordable Care Act Dealing with Nondiscrimination in Health Programs and Activities
Before getting started on this week’s blog entry, I do want to wish everyone that might be celebrating the Jewish New Year next week a happy new year. Also, because I am one of the people celebrating the Jewish new year and will have family responsibilities all week, I am not anticipating putting up a…
Can Employees Trust Human Resources? Maybe That’s Not the Right Question? Timing of Reasonable Accommodation Request and Causation under the ADA and the Rehabilitation Act Are Not the Same
Robin Shea’s latest blog entry, which can be found here. Discusses some of the things people say about HR, including: “HR protect the company’s interests, not yours;” “if you go to HR, HR reports the complaint back to the manager and then you are labeled a malcontent;” “I have yet to see a human…
Let’s Talk about Arbitration
This week’s blog entry is going to be talking about several issues pertaining to arbitration. Before we do that though, I do want to let all my readers know that the ABA blawg 100 nominations are open again. I was very honored to be a part of the ABA Blawg 100 last year in the…
If This Decision Holds, Game Changer: Applicable Statute of Limitation for ADA Claims Redux
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Introduction
One of the publications that I subscribe to is Disability Compliance for Higher Education . It is an excellent publication for anyone involved with ADA compliance in higher education. Its audience is mainly University 504 and ADA coordinators, University administrators, and professors. One of the cases it featured in its most recent publication…