Today’s blog entry is the blog entry that I was going to do last week until the EEOC guidance on hearing disabilities in the workplace intervened. That particular guidance was the most personal one that I have ever written. Today, we go back to a more traditional type of blog entry. On January 18, 2023,
Rehabilitation Act
The Greatest Hits 2022 Edition
Today’s blog entry is my yearly wrap up of the most popular blog entries for 2022. As I always do, there are some additional blog entries that I keep in the greatest hits category due to what I believe is their significance even though they may not be the most popular. With respect to the…
Failure to Accommodate: What is Sufficient Notice to an Employer and How Much Documentation Can be Requested
In numerous blog entries, we have talked about how magic words are not required. We have also talked about staying away from requests for excessive documentation. The question is how do the two work together. A published decision from the 11th Circuit decided on November 9, 2022, Owens v. State Of Georgia, Gov.’s Office…
Major Life Activities as Essential Functions and What That Means for Test Takers Trying to get into Those Jobs
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…
§501 and §504 Causation are Not the Same and Honest Belief Rule Has its Limits
I was alerted to today’s case, Bledsoe v. Tennessee Valley Authority Board of Directors, a published decision from the Sixth Circuit decided on July 27, 2022, by Jon Hyman, the person behind the Ohio Employers’ Law Blog, who blogged on the case here. As is often the case, I don’t mind blogging on…
Websites and Software Applications Accessibility Act
If you have a team in the World Series tonight, good luck. My teams, the Atlanta Braves, Chicago Cubs, or Chicago White Sox are not in it. So, I will just be watching for fun.
Today’s blog entry is the introduction of the Websites and Software Applications Accessibility Act by Democratic Senator Duckworth of…
Applicability of ADA’s Title II Primary Consideration Rule for Effective Communication to title III of the ADA, the ACA, and to §504
Before getting started on the blog entry of the week, I want to wish the members of the Jewish faith celebrating Yom Kippur this week a pleasant fast if you are fasting’s as well as a pleasant end to the 10 days of reflection.
Also, I wanted to report that my case against LawPracticeCLE…
How Much Does it Take to Establish an ADA Disability and Failure to Accommodate Nuggets
Before getting started on the blog entry for the week, I want to wish all those celebrating, a happy Jewish new year.
The blog entry of the week comes from an unpublished decision from the 11th Circuit decided on September 19, 2022, Sugg v. City of Sunrise. It deals with the following…
If a Federal Courthouse is not Accessible to a Person With a Disability, What Remedies do They Have?
Today’s blog entry is a case sent to me by Prof. Leonard Sandler, a clinical law professor at the University of Iowa. The case of the day is Wilds v. Akhi LLC decided on July 29, 2022 by Magistrate Judge Jones of the Northern District of Florida. It deals with the question of what happens…
ADA Mandates Deaf Access to the Criminal Justice System
Before we get to the blog entry of the week, a housekeeping matter. I will be out of the office from Friday evening and returning late Tuesday. So, a blog entry for the week after this will come up later in that week rather than earlier to middle of the week as is usually the…