Today’s blog entry explores an issue that we have not discussed before. It is hard to believe that after 400+ blog entries over eight years that we could find a topic we haven’t discussed. However, that is the beauty of how comprehensive and all-encompassing the ADA is. Today’s case takes on the question of whether
Standing and What Does a Gateway Mean?
Today’s blog entry deals with two different cases and both of them deal with standing. The first case, Smith v. Golden China of Redwing, Inc., decided by the Eighth Circuit on February 17, 2021, which can be found here185186201204204, is the appeal of a case that we blogged on previously, here186187202205205. We won’t
Fundamental Alteration, Undue Burden, Deliberate Indifference, Facially Neutral Policies, and the Title II entity
Today’s blog entry comes to me courtesy of Richard Hunt, who in his blog will often do many briefs of several cases at once. He focuses on title III and the Fair Housing Act, especially from the defense side. However, he did mention our case of the day in one of his blogs, and I
ADA’s Title I, Covid-19, and 21 Questions
First, congratulations to the Tampa Bay Buccaneers for winning the Super Bowl Sunday. What an amazing record Tom Brady has developed over the years. Between the Rays, the Lightning, and the Buccaneers, Tampa Bay has become quite the sports town.
Turning to the blog entry of the day, last week I attended a webinar
Integrated Employer and the Consequences for Failing to Engage in the Interactive Process
Before turning to the blog entry of the day, I should point out that OSHA last week, January 29, 2021, issued a guidance entitled, “Protecting Workers: Guidance on Mitigating and Preventing the Spread of Covid-19 in the Workplace.” It can be found here184185197198198204. Lots of good information in the guidance. Keep in mind, that
A Title VII Case Leads to the Question of Whether a Referee Association is a Place of Public Accommodation and Where the Liability Exposure May Be
Today’s blog entry come from the Wait a Second blog. It was something that I was going to blog on anyway, but the Wait a Second blog beat me to the punch. As everyone knows, I still will blog on cases that other bloggers have blogged on if I feel I can offer a
Vicarious Exhaustion, §504 statute of limitations, Failure to Accommodate, Otherwise Qualified, and Reassignment all Wrapped up Together in One Case
Today’s blog entry deals with a topic I have not dealt with before and with topics that I have dealt with before. The topic that I have not dealt with before in my eight years of blogging on the Understanding the ADA is the concept of vicarious exhaustion. There are topics that I have dealt
Does a Witness Testifying with a Service animal Violate a Defendant’s Right to a Fair Trial or Violate the Confrontation Clause?
Today’s blog entry explores the following situation. A defendant was charged with multiple counts of aggravated criminal sexual abuse. The victim, R.L., of that abuse suffered posttraumatic stress disorder (PTSD), as a result. She testified at trial with a service dog. The
EEOC View on Covid-19 Vaccinations and the Interrelationship to the ADA and GINA
First off, I want to welcome everyone back from the Christmas and New Year weeks. I hope everybody had a safe and happy week and continues to be safe. Today’s blog entry is something that came out in mid-December from the EEOC. I have not blogged on it yet because there were other things that
College Admission Decisions: The View from Ontario Canada and its Applicability to the U.S.
Usually at this time of year, my last blog entry is devoted to the greatest hits for the year. However, for this year the data points are a bit mixed up because I moved my blog platform to the Lex Blog platform halfway through the year. So, I don’t have data for the whole year.