Before getting started on the blog entry for the week, last week, the Federal Bar Association blog posted my piece on the interactive process. It’s an unusual piece of writing in that it talks about the step-by-step approach to the interactive process AND the psychological overtones of the process. Again, as I mentioned in that
Employers and PHP’s are Subject to Disability Discrimination Laws
I hope everyone had a great Memorial Day weekend.
As I have mentioned previously, the last few years have found me increasingly involved in the area of working with counsel representing healthcare professionals who are being forced out of the profession because of their disability. Part of that process includes people being put into
2024 Understanding the ADA Greatest Hits
It is that time of the year for the greatest hits of 2024. The greatest hits section of the blog contains the top 10 for the year as well as certain other blog entries that are not in the top 10, but I feel are very important to know are out there. Here goes the
Interactive Process is a Continuing Obligation and Just What is an Adverse Action
(Decision immediately above in adobe format for this week’s blog entry)
Gavina v. Amazon.com-Word version
(word version of case immediately above)
I hope everyone is having a great holiday season. The way it looks for me is I believe I’m going to get two blog entries up this week and then
Trial Judge Gets Hammered for Not Accommodating a Probable Disability of Trial Counsel and the ADA Not Even Involved
I started writing this blog on election day, which turned out to be very interesting by the end of it with President Trump winning both the popular and electoral votes. Of course, the next question is what does that election mean for persons with disabilities. We don’t know, but a few immediate thoughts come to
Can a Court Sanction an Attorney By Imposing Attorney Fees on the Attorney in an ADA Matter?
I hope everyone had a great holiday weekend.
This week’s blog entry is a case out of the Second Appellate District of the Court of Appeal of the State of California. It is a case involving whether attorney fees can be imposed upon plaintiff’s counsel as a sanction when the lawsuit is frivolous. The
HUD Circular May Well Survive Kisor But What About Loper Bright
Before getting started on the blog entry of the day, I wanted to mention a decision decided by the California Supreme Court on July 29, 2024, here. In that case, Bailey v. San Francisco District Attorney’s Office, the California Supreme Court held that: hostile work environment must be viewed in the totality of circumstances;
Roadmap for Dealing with Emotional Support Animals Matters
This may very well be a week with two blog entries for three reasons. First, there is the blog that will be the subject of this blog entry. Second, if I have this figured right, this is the last week that the Supreme Court has for issuing opinions before their summer recess. I am particularly
Lartigue Update and a Service Animal Roadmap
Hope everyone had a great Easter weekend. The blog of the week is actually a two-for-one. We will discuss an update to a previous blog entry, here. After that, we will discuss a decision from a Colorado appellate court clarifying the rules with
Team Illinois Hockey Decided by the Illinois Supreme Court
Picture of Hockey helmet, puck, and stick (brown and black colors).
Before getting started on the blog entry of the day, Dr. Bob Emmons, a forensic psychiatrist, and I just published a peer-reviewed paper in the Journal of American Physicians and Surgeons entitled, “The Americans with Disabilities Act and Appropriateness of Referral In