Before moving on to the post of the week, you will notice that the blog has a new look and feel. I upgraded the blog so that it is better able to be used on mobile devices and more importantly the upgrade increases its ability to be accessible. Besides the look, you will see that
Federal Cases
Just What Does Qualified/Otherwise Qualified Mean Anyway?
Today‘s blog entry comes from the Sixth Circuit and it reminds us of the following: 1) job descriptions must be kept current; 2) essential functions of the job must reflect the reality of how the job is performed; 3) whether a person is a qualified person with a disability under the ADA depends upon whether…
United States Supreme Court and Disability Rights Cases Update
I normally do not blog more than once a week as readers know. However, there have been some developments at the United States Supreme Court, and I wanted to take this opportunity to expand on that. Before moving on, CUBS WIN THE WORLD SERIES!!!!!!!!!! Game seven was an epic game that ended after the trophy…
Service Dogs And Emotional Support Animals with Respect to Title I of the ADA (Employment)
Before getting started on the blog entry of the day, I would be remiss if I didn’t note that the Cubs are back in it! Winning two games against a very tough Cleveland team in Cleveland with a likely Hall of Fame manager is going to be very tough. Go Cubs!
Last week, a person…
When It Comes To Handling Reasonable Accommodation Requests, Preventive Law Is the Whole Ballgame
As you are aware, I missed a blog entry last week. I do have an explanation. At the beginning of the week, I was faced with a deadline for getting a complaint out. No, I don’t usually draft one myself, but this was an extraordinary situation. At the end of the week I had a…
Graduated Student and Sovereign Immunity
As promised, I am back. For my Jewish brethren, I want to wish everyone a happy new year and a good fast, Yom Kippur starts tonight. Today’s case comes to me courtesy of my friend and colleague from Dallas, Texas, Richard Hunt passed along the case of Ross v. City University of New York,…
Does the Department Of Justice Have Standing to Sue or Intervene to Enforce Title II of the ADA
Before we get started on the blog entry of the day, a couple of housekeeping matters are in order. First, you may be wondering why my website/blog site and my professional email went down last week. The company that was hosting my website was bought out by another company, and there were some mechanical things…
Just When Does The Statute of Limitations Begin to Run in a Failure to Accommodate Claim and Other Issues
As everyone knows, my blog entries usually go up on Monday of a given week. Obviously, I missed last week. Last week my daughter was on break and my wife also took the week off. So, lots of family things going on. We also have out-of-town company in for an extended weekend, but I am…
ADA and Professionalism Issues
Hope everybody had a great Labor Day weekend. Today’s blog entry discusses the professional obligations associated with a person with a disability in litigation. I can’t tell you how often I get a call from a person, generally a couple of times a week, talking about how the court system is not accommodating their disability.…
McDonell Douglas Dead or Alive?
As everyone knows, I keep a list of my favorite blogs in my blogroll section. One of those blogs on the list is Jonathan Hyman’s Ohio Employer’s Law Blog, An ABA Blawg 100 Hall of Fame Blog. I highly recommend it. Jon has a very unusual perspective on labor and employment law. In a recent…