This is an update to the blog entry that I previously posted. I am revising it because upon further review, it is NFL season after all (Go Falcons!; Go Cubs too!), I realized that confusion was created over when the amendments to the ADA went into effect versus when the final regulations of the ADA
Final Federal Regulations
Can Employees Trust Human Resources? Maybe That’s Not the Right Question? Timing of Reasonable Accommodation Request and Causation under the ADA and the Rehabilitation Act Are Not the Same
Robin Shea’s latest blog entry, which can be found here. Discusses some of the things people say about HR, including: “HR protect the company’s interests, not yours;” “if you go to HR, HR reports the complaint back to the manager and then you are labeled a malcontent;” “I have yet to see a human…
Web Accessibility and Universities
In a previous blog entry, which I keep on my greatest hits section of my blog, I discuss what you need to do with respect to auditing your educational institution for ADA compliance. In #14 of that blog entry, I mentioned that whatever services are being offered on the Internet, the institution needs to…
Current User of Illegal Drugs Does Not Mean Actual Use When It Comes to a Recovering Addict
I am back to my Monday postings. In my latest article, just published by the ABA GPSolo magazine, I discussed the legal parameters that an employer is faced with when it comes to dealing with an employee addicted to the Internet. This week’s case continues that line of thought, albeit with respect to alcohol…
Does title II/§ 504 Apply to Employment? and Undue Burden May Still Be Possible Even Where Big Bucks Are Involved
Just over a month ago, I blogged on the issue of whether title II of the ADA applies to employment . I followed up in a comment to that blog entry discussing whether § 504 applies to employment. On June 15, 2015, the Fourth Circuit in a published decision weighed in.
Direct Threat “Affirmative Defense”: Just What Is the Trier of Fact Supposed to Determine?
This week’s topic came to my attention from Don Davis of the Noble law firm. The question is just what is the trier of fact supposed to determine when it comes to the “affirmative defense,” of direct threat? As is my usual, the blog entry is divided into several categories: history of direct threat; facts;…
Does Title II of the ADA Apply to Employment? Two Views
This week when I was looking for a case to blog about I came across the case of Torres v. Junto De Gobierno De Servicio De Emergencia, where on April 28, 2015 United States District Court for the District of Puerto Rico denied a motion to reconsider. In the original opinion and order, they…
National Federation of the Blind v. Uber Technologies
Today’s case is National Federation of the Blind of California v. Uber Technologies, Inc.. This case is receiving quite a bit of press, but I thought I would offer my own take on it. As is typical for my blog entries, I have divided the blog into categories: facts; issues; holdings; court’s reasoning; and…
Telecommuting as a reasonable accommodation: EEOC v. Ford Motor Company en banc Decision
In a comment to this blog entry, I discussed the panel decision of the Sixth Circuit in EEOC v. Ford Motor Company where the panel held that telecommuting was a reasonable accommodation. Before proceeding further, I want to thank Jon Hyman for alerting me through his blog that the en banc decision came down…
Are fraternities subject to title III of the ADA?
This blog entry is divided into separate categories: introduction; the statutes; the case of the week; and takeaways. You probably will want to read all of it, but you still have the option to focus on any of the categories you like.
I
Introduction
Recently, I ran across this article, in my Google alerts.…