Today’s case, Bibber v. National Board of Osteopathic Medical Examiner, Inc., a decision that came down April 11, 2016, from the U.S. District Court for the Eastern District of Pennsylvania is ostensibly about one thing but turns out to be about something else. That is, it raises the real question as to whether Albertson’s
Is an Underlying Condition Required for Obesity Being Protected under the ADA?
By William Goren on
The labor and employment blogosphere, see this excellent blog entry of Robin Shea and another excellent, and always provocative, blog entry from Richard Hunt for examples, have been talking about a recent case from the Eighth Circuit holding that obesity by itself is not a disability under the ADA. Normally, if a bunch of people…
If You Are Alleging Associational Discrimination in the Employment Context, Odds Are You Will Have To Fit the Facts into Certain Boxes
By William Goren on
I potentially have jury duty on Monday. It is hard to believe that I would be selected. However, Georgia has no exemptions for attorneys serving on juries. I think like most attorneys, I would love to have the opportunity to serve on a jury. On the other hand, attorneys are paid to persuade. Also, I…
You’re Not Going to Believe This, but I Say Appeal This One to the Supremes before, after, or In Lieu of an En Banc Hearing
By William Goren on
First off, I hope that everybody who celebrated Good Friday and Easter had a happy one. Today’s case, Gentry v. East-West Partners Club Management Company, Inc. is a published decision from the Fourth Circuit, which came down on March 4, 2016. I don’t believe in all my blog entries that I have ever taken the…
Labels Are Everything: Characterizing Essential Functions of the Job Is a Critical Question
By William Goren on
Today’s case is a case originating in Winston-Salem, NC that I have been following for some time. I want to thank Robin Shea, who actually works in Winston-Salem, for alerting me in a recent entry to her blog (see my blogroll), that the Fourth Circuit decision came down. The case is Stephenson v. Pfizer, Inc.…
Can a Reasonable Modification Request Be Per Se Unreasonable?
By William Goren on
Today is March madness. So, I want to wish everyone and their teams good luck in both the men’s and women’s tournament as well is in the men’s and women’s NIT tournament. Also, congratulations to an alum of my high school, Merrick Garland, on being nominated to the United States Supreme Court. While we attended…
You Can Find ADA Concepts Almost Anywhere: the Intersection of the Fair Housing Act and the ADA
By William Goren on
Posted in ADA, Federal Cases
Before we get started on this week’s blog entry, a couple of other matters to note. First, if you have not already checked it out, the Employment Law blog carnival from last month is worth a read. The Employment Law blog carnival comes out once a month from a different blogger and for those in…
EEOC Proposed Rule on Affirmative Action for Individuals with Disabilities in the Federal Government
By William Goren on
The federal government has put affirmative action back on the table with the EEOC proposed rule for Affirmative Action for Individuals with Disabilities in the Federal Government. Previously, I have written here on the Office of Federal Contracting Compliance Program rule for federal contractors. When it comes to the Rehabilitation Act, here is how…
Let’s Talk Voting: Absentee Ballots and the ADA
By William Goren on
It is shaping up to be a very interesting election year. In honor of the election theme, today is right after the Republican Nevada caucus with super Tuesday coming up next week, today’s case is a case out of the Fourth Circuit, National Federation of the Blind v. Lamone, which discusses whether the Maryland…
Remember that Law School Exam? Defenses Run Amok
For those who remember law school, the typical law school exam was a completely crazy hypothetical with thousands of issues in it. The idea was to spot all the issues and somehow mention that you knew how to deal with them within the allotted timeframe. I was reminded of that experience when I read National…