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Over the years, it isn’t often that I see a missed opportunity (see below for a further discussion of whether an opportunity was really missed here), by a defendant in an ADA case to make a plaintiff’s litigation more difficult when the law allows them to do so. It is possible (though a for sure…

In a previous blog entry, the principle of sovereign immunity and how they might apply to a County was discussed. What wasn’t discussed, was whether sovereign immunity would apply to a public university or public college. A case that addresses this is Doe v. Board of Regents of the University of Nebraska, 280…

Title I of the Americans With Disabilities Act requires that a person seeking to file a claim for employment discrimination must first file a claim with the EEOC or a substantially equivalent state agency and receive a right to sue letter before proceeding in court. What if you wish to file a claim under title…

Previously, I have written that, “the Americans with Disabilities Act requires that medical information obtained on an employee or prospective employee be kept confidential.” See Understanding the Americans with Disabilities Act, third edition at p. 40. However, in light of EEOC v. Thrivent Financial for Lutherans , _F.3d_, 2012 WL 5846208 (7th Cir. November 20,…

Recently, I read a case out of the Western District of Pennsylvania which I found absolutely fascinating. In this particular case, the court dealt with three issues. First, does the plaintiff have a disability at all? Second, does “regarded as” even apply outside of the title I context? Finally, was the plaintiff a direct threat…

In a previous blog entry, I talked about the principle of sovereign immunity as it applies to persons with disabilities. As mentioned in that blog entry, a state, including an arm of the state, is not going to be forced to waive its sovereign immunity with respect to disability discrimination in employment matters.…