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
Today’s case is an unpublished decision out of the Northern District of Texas that has potential to be a real sleeper.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?
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
Covid-19 scenarios
Today’s blog entry is a bit something different. What I thought I would do is discuss several Covid-19 scenarios happening in the real world and see how they apply to the ADA.
I
State of Connecticut’s Crackdown on Mask Exemptions
On August 12, 2020, the Hartford Courant reported that the governor of Connecticut
CDC Mask Guidance and EEOC Guidances Dealing with Opioids
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