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
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
A New Way to Look at Hostile Work Environment Claims
Today’s blog entry is the first one that I am making on the Lexblog platform. This platform replaces my previous website and my previous blog site. All of my blog entries have been carried over. I think everyone will find this much more informative and faster. You will also have a much better idea of
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
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
But For Causation is not Sole Causation and Other Matters: the Supreme Court LGBT Decisions
This week the Supreme Court came down with the decisions in the LGBT cases, which I previously discussed here. The decision will have an absolute huge impact on people with disabilities in both positive and possibly negative ways. Before moving onto the decision, I do want to say that my wife and I and
Illinois Assistance Animal Integrity Act
One thing I have noticed with the pandemic is that legal bloggers have shifted what issues they are talking about to anything related to Covid-19. That said, there are other issues besides Covid-19 going on. For example, service animals and emotional support animals in housing. I am aware of reports from those in university towns
After Acquired Evidence and the ADA
Today’s blog entry is a topic that I have never discussed before. Since December 2011, my records show that I have put up 408 blog entries. In not one of them, have I discussed today’s entry. Today’s entry discusses the doctrine of after-acquired evidence and how it works with title I and logically, to a