Today’s blog entry discusses the recent guidance from the CDC on consideration for wearing masks updated on August 7, 2020. It also discusses two different recent guidances from the EEOC on opioids. My thanks to Eric Meyer for pointing out the CDC guidance. He has an entry on it in his blog, here. The
Burden of Proof for Determining Essential Functions of the Job
Before getting started on the blog entry of the day, yesterday was the 30th anniversary of the ADA. Happy anniversary!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
One of the things that comes up is why is the ADA such a good idea if hiring people with disabilities has remained static over the years. My response to that question is
Unreasonable Delay in Granting a Reasonable Accommodation is Actionable Under the ADA
Before starting our blog entry, two lions of the civil rights movement passed away on the same day recently. C.T. Vivian and John Lewis. John Lewis happened to be the person who represented me in the U.S. Congress. Georgia Democrats have selected the Georgia state Democratic Party chair, GA State Sen., Nikema Williams, as his
Definitional Terms Still Matter: Physical or mental impairment and Substantial Limitation
Today’s blog entry is a two-for-one dealing with the fact that definitional terms still matter even after the amendments to the ADA. In the first case, Colton v. Fehrer Auto, North America, LLC, we revisit the question of whether being short is a disability without more. In the second case, Darby v. Childvine, Inc.
Nexus, Doe, or 42 USC §12181(7): When Must an Internet Site be Accessible to Persons with Disabilities?
Today’s blog entry comes from the Fourth Appellate District of the State of California. It is an Internet accessibility case. The difference with this case is that there is a focus on the California’s Civil Rights Act, what they call the Unruh Civil Rights Act. The facts are pretty straightforward. The plaintiff is permanently
Applicability of title I of the ADA to Foreign Flagged Cruise Ships
Today’s blog entry deals with the question of whether title I of the ADA applies to foreign flagged cruise ships. We know that under this case, Spector v. Norwegian Cruise Lines, title III of the ADA applies to foreign flagged cruise ships under some circumstances. However, this is a title I case. It’s a
EEOC and Covid-19: Part IV
I have talked about the EEOC and Covid-19 guidelines that have been coming out from time to time before here, here, and here. On June 11, the EEOC came out with some more questions. Assuredly, my fellow employment law bloggers-such as Robin Shea, Eric Meyer, and Jon Hyman will probably have something
Issues, Statistics, and Thoughts
I thought I would do a different kind of blog entry this week. Last week, I attended a zoominar (should I trademark “zoominar?”:-), on issues facing persons with disabilities in light of the Covid-19 pandemic. It was put on by Steve Gordon an Assistant Attorney General in the Eastern District of Virginia. I was very
What Does Transitory and Minor Mean for Purposes of Regarded As Claims
Before moving on to today’s blog entry, I want to point out an excellent blog entry from my friend, colleague, and fellow blogger, Robin Shea. Last week, she blogged on the situation of what can happen when you have an incomprehensible drug policy that nobody understands that is not applied effectively. In short, it creates
ADA and Face Masks
One may wonder how I go about deciding what cases to blog on from week to week. Well, I look in a variety of places: fellow legal bloggers; a Google alert set to the ADA; LinkedIn, Lexblog, and law 360. I subscribe to Law 360 and it is worth every penny. I am able to