As readers know, I rarely blog more than once a week, but it does happen from time to time. This week is a really good week for me to blog twice because the Georgia legislature just completed the session with two bills signed by the Governor of Georgia on topics that we have covered quite
DOJ Service Animal Rules Might Just Stop at the State Hospital or Prison’s Gate
I hope everyone had a great holiday weekend. A housekeeping matter. My daughter comes home at the beginning of next week for two weeks before heading off to her internship. So, my schedule will be all over the place and my time for blogging uncertain. I definitely will pick up the blogging again at the…
What’s in a Name Matters: Is it Coaching or is it Impermissible Medical Exams/Disability Related Inquiries
This week’s blog entry is a case that has been previously blogged on by others in the blogosphere. Robin Shea in her blog blogged on our case of the week, here. However, as readers know, there are occasions where I will blog on a case that someone else has talked about first when I…
The Scope of the Ending Forced Arbitration Act When it Comes to Related Claims
Before getting started on the blog entry for the week, last week, the Federal Bar Association blog posted my piece on the interactive process. It’s an unusual piece of writing in that it talks about the step-by-step approach to the interactive process AND the psychological overtones of the process. Again, as I mentioned in that…
Showing that Removal of Architectural Barriers is not Readily Achievable Doesn’t End the Analysis
This week’s blog entry focuses on what happens if assuming for the sake of argument, renovations are not readily achievable at a place of public accommodation, whether that ends the analysis. The answer is no. The case also discusses just how the burden of proof works with respect to claiming that an accommodation is readily…
Work Product Privilege and AI an Issue Just Not Going Away
This week is disability awareness week. I suppose every week is disability awareness week for me😊. In keeping with the spirit of the week, we have another blog entry.
Previously, we have blogged on whether the work product privilege is jeopardized by the use of AI. In that blog entry, here, we talked…
Looking for Clues: Is a Failure to Accommodate an Adverse Action Post Muldrow?
I hope everyone is enjoying the start of baseball season. The NCAA’s women tournament is about to get very interesting now that they are in a situation where the likelihood, though you never know for sure, is that the top seeds from each region will be in the final four. On the men’s side the…
Lost Opportunity as a Substitute for Emotional Distress Damages in Title II Cases
Before getting started on the blog entry for the week, if anybody is interested in the journey I took to get to my law and consulting practices, I discussed that journey in this article.
This week’s blog entry is an update on a case that we previously blogged on here, Payan v,…
Under What Circumstances May a State Chill Federally Protected Statutory Rights
I had a moment while my daughter, who is in for spring break, is out doing something with my wife. Writing blog entries is the most favorite part of my practice. So, I figure I would write a blog entry. This blog is pretty short. I will say that there will not be a blog…
Client Use of AI as an Organizing/Focusing Tool Blows Up Attorney-Client and Work Product Privileges
Before getting started on the blog entry of the week, an update/supplemental information on a couple of prior cases that we have discussed previously. First, EEOC v. William Beaumont Hospital, which we discussed here, resulted in a consent decree. The hospital has to pay the plaintiff $30,000 in noneconomic and compensatory damages. Also, within…