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
Title VII
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…
Meaning of Transitory and Minor and Just How do you Determine an Integrated Employer
Today’s blog entry discusses two different concepts. The first concept it discusses is what just does “transitory and minor,” mean for purposes of the regarded as exception and for purposes of what I mean when I keep talking about it as a great preventive law approach to deciding when a temporary disability might be protected…
EEOC Latest Update on What You Should No About Covid-19 and the ADA, the Rehabilitation Act, and Other EEO laws
With Thanksgiving week coming up and my wife and daughter coming back from a college trip later today, I thought I would get a blog entry up this weekend for the Thanksgiving week.
It has been a while since we talked about EEOC guidance on Covid-19. In fact, since our last discussion, the EEOC has
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EEOC’s Latest Guidance on Covid-19
Hope everyone had a great Memorial Day holiday weekend. Today’s blog entry talks about the latest update from the EEOC with respect to Covid-19. All the labor and employment law bloggers are blogging on it, so I decided to blog on it as well and offer my own perspective. As with previous blog entries of…