Before turning to the blog entry of the day, I should point out that OSHA last week, January 29, 2021, issued a guidance entitled, “Protecting Workers: Guidance on Mitigating and Preventing the Spread of Covid-19 in the Workplace.” It can be found here184185197198198204. Lots of good information in the guidance. Keep in mind, that
A Title VII Case Leads to the Question of Whether a Referee Association is a Place of Public Accommodation and Where the Liability Exposure May Be
Today’s blog entry come from the Wait a Second blog. It was something that I was going to blog on anyway, but the Wait a Second blog beat me to the punch. As everyone knows, I still will blog on cases that other bloggers have blogged on if I feel I can offer a
Vicarious Exhaustion, §504 statute of limitations, Failure to Accommodate, Otherwise Qualified, and Reassignment all Wrapped up Together in One Case
Today’s blog entry deals with a topic I have not dealt with before and with topics that I have dealt with before. The topic that I have not dealt with before in my eight years of blogging on the Understanding the ADA is the concept of vicarious exhaustion. There are topics that I have dealt
Does a Witness Testifying with a Service animal Violate a Defendant’s Right to a Fair Trial or Violate the Confrontation Clause?
Today’s blog entry explores the following situation. A defendant was charged with multiple counts of aggravated criminal sexual abuse. The victim, R.L., of that abuse suffered posttraumatic stress disorder (PTSD), as a result. She testified at trial with a service dog. The
Animals on Planes: DOT Final Rule
Miniature horse
yes to non-federal governmental entities; yes to places of public accommodations; but not on planes.
Previously, the Department of Transportation came out with proposed regulations on service animals, here121230180118219189696969197.
Getting the Reasonable Accommodation Process Right and Mandatory Reassignment Revisited
Hope everyone had a great Thanksgiving. We aren’t out of the woods yet with Covid-19. So, please be safe.
Today’s blog entry comes from the Fourth Circuit, Elledge v. Lowe’s Home Centers, LLC1801846767199, a published decision decided on November 18, 2020. The case deals with two issues: failure to accommodate; and whether the
Fixing the Problem May Alleviate Liability Even in Non-architectural Barrier Cases
Before turning to the blog entry of the day, today is Veterans Day. I want to wish everybody who fought for our country or has family that served in the military a good Veterans Day. I also want to wish everyone a happy Veterans Day.
The case
Exby-Stolley Revisited: The 10th Circuit en banc Decision
Before starting on the blog entry of the day, if you have not already voted do so. Today’s blog entry is a case, Exby-Stolley v. Board of County Commissioners, Weld County, Colorado17918111819811820567, that I blogged on almost 2 years ago. About two years ago, the 10th Circuit came down with a decision, which
Burden of Proof for Direct Threat Cases
Today’s case is an unpublished decision out of the Northern District of Texas that has potential to be a real sleeper. That is, one of the things that the medical licensing boards and the PHP’s are doing are claiming that ensuring physicians with disabilities are not allowed to practice or can only practice with restrictions
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