We now have a new Associate Justice on the United States Supreme Court, Amy Coney Barrett. For those interested in how she might rule on disability rights matters, see this blog entry1821206969198. Today’s blog entry came to me from my involvement with the Federal Bar Association civil rights section. Caryl Oberman, a Pennsylvania attorney
ADA
Even the EEOC Can Get Itself Sued and Have to go Through Discovery
By William Goren on
Before getting started with the blog entry of the day, I want to congratulate the Tampa Bay Rays and the Los Angeles Dodgers for getting to the World Series. Tampa Bay won in seven games. The Dodgers came back and beat the Braves after trailing 3-1. Good luck to both. Sports are an escape in…
Does the Ministerial Exception Apply to Hostile Work Environment Claims?
By William Goren on
Before getting started on the blog entry of the day, I put my absentee ballot in a drop box yesterday. Whoever you are voting for, please do vote. Also, my Braves beat the Dodgers yesterday in game one of the National League championship series. Can they win another three? I see the Tampa Bay Rays…
Online Accessibility Act
By William Goren on
Posted in ADA
For those with teams continuing in the baseball playoffs, good luck this week. Both of my Chicago teams are out. However, my Braves are still in it. Today’s blog entry will discuss the legislation just filed in Congress this week by Representative Budd, a Republican from North Carolina, and by Representative Correa, a Democrat from…
Judge Amy Coney Barrett and Persons with Disabilities
By William Goren on
Before getting started on the blog entry of the day, I wanted to wish everyone with teams in the baseball playoffs good luck. I actually have three teams in the baseball playoffs: brave; cubs; and White Sox. No, I am not watching nine hours of baseball today, but I am recording all three of my…
H.R. 2694: The Pregnant Workers Fairness Act
By William Goren on
First off, I want to wish all of my Jewish brethren a happy new year, and a nice period of reflection leading up to Yom Kippur. A bit different this year with massive synagogue gatherings not being in the cards. Some of us just reflected while others may have gone online and participated with their…
EEOC Covid-19 Update: September 8, 2020
By William Goren on
Last week, the EEOC updated Covid-19 publication. What I have done here is list the EEOC update verbatim with respect to the material that we have not covered before. At the end of each section that is new (don’t worry about the numbers that appear in the hyperlink sections of the EEOC document as that
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A Federal Judge Calls Out Ableism
By William Goren on
I was thinking of blogging on the Seventh Circuit case where the Seventh Circuit held that the ministerial exception does not apply to hostile work environment claims. As sometimes happens, another labor and employment law blogger, this time Amy Epstein Gluck of Fisher Broyles, beat me to the punch, here173172186187117117. Amy did it so…
Burden of Proof for Direct Threat Cases
By William Goren on
Today’s case is an unpublished decision out of the Northern District of Texas that has potential to be a real sleeper. That is, one of the things that the medical licensing boards and the PHP’s are doing are claiming that ensuring physicians with disabilities are not allowed to practice or can only practice with restrictions…
How Much Additional Leave after FMLA Leave is Reasonable?
By William Goren on
Today’s blog entry deals with a very common scenario. It works this way. Person goes on FMLA leave. FMLA leave is for 12 weeks. Employers can require employees to exhaust sick and vacation time as part of that leave. After that, the employee is on unpaid leave. When the leave is over the employee gets…