In a recent blog entry, I discussed a 10th Circuit opinion that talked about just what is a service establishment. This blog entry talks about a similar issue, which is just what is a sales establishment? The case of the day essentially adopts the dissenting view of Judge Holmes in Levorsen, the case referenced
Guidances
EEOC Guidance on Employer-Provided Leave and the ADA
By William Goren on
First off, I want to thank everyone who voted for me for the 2016 ABA blog 100. It has been two years in a row for Understanding the ADA, and I am keeping my fingers crossed for a third. Thanks again everyone!
Turning to the topic of the week, about a week or so ago…
ADA and ADA Related Cases at the Supreme Court: Where They Have Been and What Is Next
By William Goren on
Did you know that persons with disabilities are undefeated at the Supreme Court when it comes to title II and title III matters? It’s true.
Let us explore the ADA and ADA related cases that have been before the United States Supreme Court since the ADA went into effect. If I have this figured right,…
Side Effects of Medication, Bad Conduct and ADA Protection
By William Goren on
It has been awhile, almost 3 years, since I visited the issue of bad conduct v. having a disability. This particular case explores what happens when the side effects of medication leads to bad conduct and the person is terminated. The case is Capporicci v. Chipotle Mexican Grill, Inc., 2016 U.S. Dist. LEXIS…
ADA and Landlord-Tenant obligations
By William Goren on
Just what are the obligations of landlord and tenant with respect to ADA compliance? Does it matter if an architectural issue is involved or if it is an issue involving practices, policies, and procedures?
Our case of the day that answers this question is Supancic v. Turner, 2016 Cal. App. LEXIS 4235 (Cal. App.…
EEOC Final Rule on Interaction of ADA with Wellness Plans
By William Goren on
Today’s blog entry continues my string of weeks where I have not been dissecting cases. I had a case all lined up for this week and was excited about getting back to my dissection. However, yesterday, the EEOC decided to issue final rules detailing how wellness programs relate to the ADA. Those rules can be…
EEOC Publication Employer-Provided Leave and the ADA
By William Goren on
You may be asking why didn’t I blog yesterday or so far this week. The answer is I actually spent two hours trying to put a blog together yesterday. The blog was going to cover the Department of Justice Accessibility of Web Information and Services of State and Local Government Entities Supplemental Amended Notice of…
Bet You Didn’t Know That Alberson’s v. Kirkingburg Was Still Good Law
By William Goren on
Today’s case, Bibber v. National Board of Osteopathic Medical Examiner, Inc., a decision that came down April 11, 2016, from the U.S. District Court for the Eastern District of Pennsylvania is ostensibly about one thing but turns out to be about something else. That is, it raises the real question as to whether Albertson’s…
Is an Underlying Condition Required for Obesity Being Protected under the ADA?
By William Goren on
The labor and employment blogosphere, see this excellent blog entry of Robin Shea and another excellent, and always provocative, blog entry from Richard Hunt for examples, have been talking about a recent case from the Eighth Circuit holding that obesity by itself is not a disability under the ADA. Normally, if a bunch of people…
Remember that Law School Exam? Defenses Run Amok
For those who remember law school, the typical law school exam was a completely crazy hypothetical with thousands of issues in it. The idea was to spot all the issues and somehow mention that you knew how to deal with them within the allotted timeframe. I was reminded of that experience when I read National…