When it comes to drugs and alcohol, those addicted to drugs and alcohol are not treated the same way as persons with other disabilities. For example, an employer has the right to evaluate an alcoholic employee or an employee addicted to drugs as if the disability didn’t exist. 42 U.S.C. § 12114(c)(4); EEOC interpretive guidance
My last weekend was absolutely crazy. Then, client matters kind of took over. Therefore, I am later than usual in getting my blog up for the week. Glad to say, here it is.
In a recent post, I discussed the survivability of ADA claims. It all seemed pretty cut and dry. That is, look
In a previous blog entry, I discussed the issue of accessibility to amusement park rides. Well, it is back in the news again. This time from the District Court of New Jersey in an unpublished decision dated December 31, 2014, entitled Masci v. Six Flags Theme Park, Inc., 2014 U.S. Dist. LEXIS 178666
I
Intro and Facts
When I was trying to figure out what to write on this week, one of the cases that I came across involved Barbara Walters (Walters v. Cowpet Bay West Condominium Association, 2015 U.S. Dist. LEXIS 13 (D. Virgin Islands, January 2, 2015)). Really, no kidding! Except, it is not THE Barbara
Happy new year everyone!
Hope everybody had a happy and safe new year. Back to it!
Today’s case is Sherman v. County of Suffolk, 2014 U.S. Dist. LEXIS 177780 (E.D. NY December 29, 2014). The case talks about numerous issues: causation under title I and title V of the ADA; adverse action under title
Happy new year everyone!
As we turn to the new year, several of my fellow bloggers have taken a look back at the prior-year on their blogs. I thought that was an absolutely fabulous idea, and thanks to metrics, something that can be easily done. So here are the top 12 most popular Understanding the
Does the ADA encompass a hostile work environment claim? (I have mentioned hostile environment before but that was in the context of the Office of Civil Rights and education). According to the Northern District of Oklahoma in Callahan v. Communication Graphics, 2014 U.S. Dist. LEXIS 172148 (N.D. Okla. December 12, 2014), the answer
It has been awhile since the United States Supreme Court dealt with an ADA question. A fact I am happy with as predicting what the United States Supreme Court does with an ADA question is impossible since the ADA does not break down along traditional liberal conservative lines.
This particular blog entry focuses on a
In one of my most popular blog entries, ADA compliance auditing: higher education version, I mention technical standards in a comment to that entry. Many training programs as a condition of accreditation have developed technical standards that people in the program must meet in order to get into the program and stay into the