Hope everybody had a great Memorial Day weekend. This week’s blog entry begins a two-part series talking about how the ADA prohibits discrimination on the basis of disability when it comes to offered privileges and benefits. In this week’s blog entry, we will talk about the recent Eighth Circuit decision, here, in Hopman v.
Guidances
EEOC Final Update on Covid-19?
It has been a while since I blogged on the EEOC running Covid-19 guidance. The EEOC just came out with some more updates (it very well could be the last one for a while considering Covid-19 is now endemic), so I thought I would return to it. The blog entry is only going to focus…
Would EEOC’s Hearing Disabilities in the Workplace Guidance Survive Kisor?
By William Goren on
I recently blogged on the EEOC guidance on the hearing disabilities in the workplace, here. I noted several problems with it. Not the least of which was how it confused Deaf, deaf, and Hard of Hearing. There were some other issues as well. That isn’t to say that the guidance did not contain its…
The Argument for Standalone Websites as a Place of Public Accommodation
By William Goren on
Posted in ADA, Constitutional law, Final Federal Regulations, General, Guidances, Legal malpractice, Title III
Today’s blog entry is a case from the Eastern District of New York, Martinez v. Gutsy LLC, here, which makes the case for why standalone websites can be a place of public accommodation providing that site is functioning for one of the purposes laid out in 42 U.S.C. §12181(7).
Once again, a person…
Why the Distinction Between Deaf and deaf Matters: EEOC Guidance on Hearing Disabilities in the Workplace and the ADA
By William Goren on
Sometimes you have a blog entry all ready to go in your mind. You are even rehearsing the outline of it in your mind. However, something then intervenes and you feel compelled to blog about something else. This is exactly what happened to me for the blog entry of this week. I had been outlining…
Major Life Activities as Essential Functions and What That Means for Test Takers Trying to get into Those Jobs
By William Goren on
Today’s blog entry deals with two decisions from the U.S. Court of Appeals for the Second Circuit dealing with essentially the same fact pattern. One decision, Williams v. MTA Bus Company, here, is a published decision decided August 12, 2022, while the other decision, Frilando v. New York City Transit Authority is a summary…
DOJ Goes All in on ADA is a Nondelegable Duty
By William Goren on
Last week my schedule was completely impossible, so I was not able to get a blog up during the work week. Finally, I got some time to do it now. The blog entry for the last week is a Statement of Interest filed by the DOJ in A.V. v. Douglas County School District Re-1. If…
DOJ and EEOC Guidances on AI in Hiring
By William Goren on
Last week, both the DOJ and the EEOC issued technical assistance memorandums/documents detailing their concerns about using AI in employment. It definitely made big news. As someone who knows individuals have gone through AI processes in hiring, these guidances are not surprising as one just had to figure that AI was being used to screen…
Using Transitory and Minor Exception as a Preventive Law Tool for Temporary Disabilities Does Not Withstand Further Analysis
By William Goren on
Posted in 504, ADA, Federal Cases, Final Federal Regulations, FMLA, Guidances, Legal malpractice, Title I, Title II, Title III
My daughter completed her classroom component for high school this week and now is just waiting to graduate, so my schedule has been a bit all over the place. Hence, I am getting this blog entry up later in the week than I usually do.
This week’s blog entry is already making the rounds…
Hopman v. Union Pacific: Railroad: Much More to This Case than Meets the Eye
By William Goren on
Today’s blog entry deals with a case that got quite a bit of publicity from labor and employment attorneys on LinkedIn when it came out. I promised then that I would blog on it. So, here goes. The case of the day is Hopman v. Union Pacific Railroad out of the Western Division of the…