Normally, as you all know, I don’t blog on more than one case in a week. However, I will be out of town the first part of next week, and I generally prefer to get blog entries up at the beginning of the week. I am also headed out of town the following week as
Nested Positions
Today’s blog entry considers the question what happens when you have an individual with a disability seeking to perform a job that the person can do but in order to do that particular job they also have to be simultaneously eligible to do a different job which they may or may not be able to
ADA Disparate Impact Claims
When it comes to the ADA, there are three possible kinds of lawsuits. First, disparate treatment. Second, failure to accommodate. Third, disparate impact. You don’t see a lot of disparate impact cases. As a result, I thought it would be useful to blog on a decision dealing with the disparate impact issue. Our case of
Convincing Mosaic as a Standard for Deciding Summary Judgment Motions Arrives
I hope everyone is getting back into the swing of the new year. Next week, I will be visiting my daughter in between January term and second semester. I will be here Monday but leave Tuesday and back Friday. So, I am not sure of the timing of the blog entry for next week. This
Bar Examiners, Colleges and Universities May All Want to Reconsider the Extent of Their Documentation Requests When Receiving Accommodation Requestss
Today’s blog entry come from the Supreme Court of Maryland in a case called In the Matter of Antavis Chavis, here. The case, a 4-3 decision in favor of the plaintiff, should have high-stakes testing entities, and even colleges, and universities reevaluating the documentation they demand before deciding to make accommodations/modifications for an individual
Law Firm Gets in Trouble for Not Keeping Confidential Information Gained From a Disability Related Inquiry
Happy new year everyone and hope everyone had a great holiday season.
Today’s blog entry deals with the issue of what happens when an employer doesn’t keep disability related information confidential. The case of the day is Purvenas-Hayes v. Saltz, Mongeluzzi & Bedensky, P.C. decided by the United States District Court for the Eastern
2023 Understanding the ADA Greatest Hits
I hope those that celebrated had a happy Hanukkah. Merry Christmas, happy new year, and happy holidays to everyone.
Today’s blog entry is my top 11 or so for the year. As is my past practice, I have included important blog entries that do not make the list . Most of those though were
Carrying Gun as an Essential Function of the Job
Picture: A glock pistol, set against a dark background, standing up with barrel pointed down on a brown hardwood floor with its magazine lying next to it.
This blog entry will be the last substantive blog entry of the year. The next blog entry for the calendar year will be my greatest hits and other
Muldrow Oral Argument
On December 6, 2023, the United States Supreme Court heard oral argument in the case of Muldrow v. City of St. Louis. It isn’t actually an ADA case at all but rather a title VII case. Depending on how the decision ultimately comes down, it could have implications for a question that we have been
Decision Tree After Fry and Perez
Before getting started on the blog entry of the week, I wanted to give everyone a heads up as to the blogging schedule for the rest of the calendar year. My daughter comes home for a three week break on December 13, so we have this blog this week. I will also have a blog