First off, I hope for those who celebrate Hanukkah that it was a festive and happy one. For those who have Christmas and other holidays upcoming, good luck on your shopping and have a great holiday! When you need a break from the holiday mishigas (Yiddish for craziness), the latest employment Law blog carnival is
Guidances
The Double Whammy of Pregnancy and Disability after Young v. UPS: EEOC Steps in
By William Goren on
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…
ADA and the “Sports Association.”
By William Goren on
For years, I refereed and umpired basketball and softball. The entity for managing the referees and umpires were associations whose sole purpose was to deal with the referee side of things. Referees and umpires were ostensibly independent contractors (whether they are would be the subject of a separate blog entry and will not be the…
Proposed Rules of HHS Implementing the Affordable Care Act Dealing with Nondiscrimination in Health Programs and Activities
By William Goren on
Posted in ADA, Guidances, Proposed Federal Regulations, Rehabilitation Act, Title I, Title II, Title V
Before getting started on this week’s blog entry, I do want to wish everyone that might be celebrating the Jewish New Year next week a happy new year. Also, because I am one of the people celebrating the Jewish new year and will have family responsibilities all week, I am not anticipating putting up a…
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
By William Goren on
Posted in ADA, Federal Cases, Final Federal Regulations, Guidances, Rehabilitation Act, Title I, Title V
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…
Frequently Asked Questions about Service Animals and the ADA (Guidance from the DOJ)
By William Goren on
Recently, the Department of Justice issued a guidance entitled, “frequently asked questions about service animals and the ADA,” which can be found here. I thought I would go over and highlight some of the questions discussed in the guidance, especially since service animals v. therapy dogs blog entry of mine consistently ranks as one…
Preemployment Medical Inquiries v. Preemployment Medical Exams; the Rules Aren’t Exactly the Same and Other Goodies
By William Goren on
Hope everyone had a great Fourth of July! My daughter and I got to enjoy some fireworks. They do a nice job with the fireworks here.
Today’s case is a long one. In the typical side-by-side version that we all remember from law school, the case ran 30 pages. Nevertheless, there are lots of goodies…
Are fraternities subject to title III of the ADA?
By William Goren on
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.…
Perez v. MBA and it’s Impact on the ADA Universe: Huge and Starting with new DOT Final Regulations
By William Goren on
I
Introduction
Sometimes a case can have a huge impact on the ADA universe even though it is not an ADA case at all. Gross v. FBL Financial Services 557 U.S. 167 (2009) is one such case and today’s case is another. As is my usual practice, the blog entry has been divided into several…
Service dogs: you may be surprised how much there is to think about
By William Goren on