Before moving on to the blog entry of the week, a couple of housekeeping matters. First, one of the things that I do is act as a FINRA arbitrator. There is a final hearing all of next week. The final hearing will be conducted virtually over zoom. I have been absolutely amazed with how FINRA
Continuing Legal Education of Interest: Intersectionality of ADA, ADA, ACAA, State Negligence Laws plus Animals on Planes
Please find below, a continuing legal education webinar that I am doing in the first week of May. It has two parts to it. The first part will be discussing the intersection of the Airline deregulation act, the air Carrier Access act, the ADA, and state negligence
Four ADA Employment Cases You Might Want to Know About
Today’s blog entry takes a page from Richard Hunt and how he often blogs in his accessibility defense blog. That is, I’m going to briefly summarize a few cases all at once. That way, I will clear out some of the backlog in my blogging pipeline. I was having trouble finding a case to take
Psychological Testing Must Still Comply with the ADA
Today’s blog entry talks about a published decision from the Third Circuit that came down on March 3, 2021. It deals with what happens when a physical or mental exam after a conditional job offer is done in an ADA noncompliant way. The case of the day is Gibbs v. City of Pittsburgh, which can
Legislative Immunity Trumps Everything
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