Today’s blog entry is not on an issue that I have blogged on previously. It deals with the question of what happens when a person leaves employment and was otherwise qualified during that employment, but after the employment ends, some discriminatory action occurs. Does title I apply since the person is no longer otherwise qualified/qualified?
Title VII
Laufer Supreme Court Oral Argument
Today’s blog entry will discuss the oral argument in Acheson Hotels v. Laufer, which took place on October 4, 2023. We previously mentioned the appellate case here (links to the blog entries therein). The two categories of this blog entry are questions from the Justices and thoughts/takeaways. Of course, the reader is free to focus…
Fifth Circuit Overturns Adverse Action Precedents and What Might that Mean for Failure to Accommodate Claims
Before getting started on the blog entry of the day, a couple of housekeeping matters in order. First, congratulations to the women of Spain for winning the World Cup. Second, my wife and I will be taking a very special trip abroad starting August 29 and returning September 8. So, this will be the last…
Kansas HB 2016
Recently, the governor of Kansas signed House Bill 2016 giving the Kansas Atty. Gen. all kinds of authority to jump in on lawsuits involving website accessibility, and possibly accessibility in general, if the defendant is a Kansas resident or a Kansas Corporation. I see all kinds of problems with this bill and thought it would…
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…
Hostile Environment Claims Based Upon Disability
Before getting started on the blog entry for the week, I do want to note that the Supreme Court just granted certiorari in a case, Loper Bright Enterprises v. Raimondo, asking the question of whether Chevron deference should be overruled. I read the appellate decision yesterday, the Supreme Court does not necessarily have to visit…
If the ADA Undue Hardship Paradigm Comes to Religious Accommodations Requests, Plaintiff Could Still Lose
I hope everyone had a happy holiday weekend. In many places around the world, today is also a holiday as it is Easter Monday.
On April 7, 2023, the Seventh Circuit came down with a decision discussing the de minimis rule when it comes to accommodating an employee’s religious needs. I got to thinking…
Let’s Talk Attorney Fees in Serial Plaintiff Cases and Let’s Talk About the Pregnant Workers Fairness Act
To start the new year, we are going to have a short discussion of a couple of cases dealing with attorney fees in the serial plaintiff context. Then, we are going to explore the Pregnant Workers Fairness Act that was just signed by Pres. Biden as part of the massive bill to keep the government…
§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…
A Twofer: What ADA Title Applies When Filing Interference Claims and Can You Use §1985 as a Workaround
The blog entry that goes up for this week will be the last one before the week of August 29 as we will be taking our daughter off to college this coming Friday. She moves in the following week. So, no blog entry the week after this one and this one counts for the week…