Title VII

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Before getting started on the blog entry for the week, I did finish Over Ruled. What is clear from reading the book, is that Justice Gorsuch clearly believes that the administrative state had gotten too big and that sufficient guardrails for the administrative state do not exist. Also, from reading that book, it is pretty…

Today’s blog entry talks about a case that is not an ADA case at all. However, I do expect the case to have a huge impact on a particular area of ADA jurisprudence. As we know, such as discussed here, there has been considerable debate in the courts over whether failure to accommodate cases…

I have been absolutely slammed this week, which is why I am so late in getting a blog entry up for the week. Before getting started on the blog entry for the day, I do want to mention that the Department of Justice has now issued a final rule on website accessibility involving Title II…

When it comes to the ADA, there are three possible kinds of lawsuits. First, disparate treatment. Second, failure to accommodate. Third, disparate impact. You don’t see a lot of disparate impact cases. As a result, I thought it would be useful to blog on a decision dealing with the disparate impact issue. Our case of…

I hope everyone is getting back into the swing of the new year. Next week, I will be visiting my daughter in between January term and second semester. I will be here Monday but leave Tuesday and back Friday. So, I am not sure of the timing of the blog entry for next week. This…

On December 6, 2023, the United States Supreme Court heard oral argument in the case of Muldrow v. City of St. Louis. It isn’t actually an ADA case at all but rather a title VII case. Depending on how the decision ultimately comes down, it could have implications for a question that we have been…

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?…

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…