The EEOC has been focused on AI discrimination in the workplace for some time. It has been a particular focus, though not exclusively with him, for outgoing EEOC Commissioner Keith Sonderling, who actually wrote a law review article on the topic (see ¶ 1 of thoughts/takeaways §). During the last academic year, I was part
Federal Cases
Eighth Circuit Breaks New Ground and Other Food for Thought
My thoughts go out to everyone in the Houston area and in Texas dealing with the aftermath of hurricane Beryl.
The blog entry of the day is about a case that came to me from Anne Cullen, a reporter with law 360. She wrote an excellent article on it, here (subscription required). The case…
Loper Bright, Grants Pass, and Jarkesy Decided by the Supreme Court
As I mentioned at the beginning of the week, it was pretty clear that another blog entry was warranted before Monday in light of the Supreme Court ending its term and my travel schedule. So here goes. There are three cases to discuss that are relevant to the ADA universe. They are: Loper Bright Enterprises…
Does an Employer Have to Allow an Employee’s Service Animal?
I always assumed that a dog satisfying the definitions of a service animal under the DOJ final regulations for title II and title III of the ADA would have to be automatically allowed by an employer where the employee has a service dog satisfying that definition. At least in the Eighth Circuit, that isn’t the…
Important Pointers About Reasonable Accommodations
Today’s blog entry explores an unpublished decision from the Sixth Circuit on April 29, 2024, that discusses some important points regarding reasonable accommodations. The case is Yanick v. The Kroger Company of Michigan, here. As usual, the blog entry is divided into categories, and they are: facts; what is sufficient notice from an employee…
Muldrow Means the End of Requiring an Additional Adverse Action on Top of the Failure to Accommodate
Today’s blog entry talks about a case that is not an ADA case at all. However, I do expect the case to have a huge impact on a particular area of ADA jurisprudence. As we know, such as discussed here, there has been considerable debate in the courts over whether failure to accommodate cases…
But For Causation and Motivating Factor are Two Different Things
I have been absolutely slammed this week, which is why I am so late in getting a blog entry up for the week. Before getting started on the blog entry for the day, I do want to mention that the Department of Justice has now issued a final rule on website accessibility involving Title II…
When Can Public Officials Delete Citizen Posts or Block Citizens From Commenting on Social Media Sites
Today’s blog entry does not have anything to do with people with disabilities per se. However, people with disabilities like anybody else do have the right to express their support or displeasure with public officials. That of course leads to two questions. First, what happens if the website where they can post comments is not…
Court Says Reasonable Accommodation Request Must Relate to Essential Job Functions, But Did it Really Have to Draw That Conclusion?
Today’s blog entry is one of those situations where I read a case and asked myself whether the court could have gotten to the same place more elegantly than the way it did. The case of the day is Bruno v. Chasity Wells-Armstrong, here, decided by the Seventh Circuit on February 23, 2024. As…
Murray v. UBS Securities and its Possible Impact Upon ADA Jurisprudence
The blog entry for the week is actually not an ADA case at all but it may have a substantial impact on the ADA universe. The case of the day is Murray v. UBS securities, LLC, a unanimous decision written by Justice Sotomayor, from the Supreme Court decided on February 8, 2024, here. It…