Today’s blog entry is a two for one. First, we explore some stunning developments in the area of housing and animals when it comes to persons with disabilities. Second, we explore a memorandum opinion from DOJ to the acting chair of the EEOC when it comes to remote work as an accommodation for religious liberty
The Starting Line is What the ADA and Rehabilitation Act are All About
Picture immediately above is a Track and field starting line (white lane numbers on orange track)
Today’s blog entry has been getting a lot of press on Law 360, which I subscribe to. It was brought to my attention by one of their journalists, Anne Cullen, who wrote an excellent article on it (
A Temporary Disability Can be a Protected ADA Disability and Other Stuff
I hope everyone’s new year is off to a fabulous start. Congratulations to Ohio State for winning the NCAA FBS championship.
Today’s blog entry deals with whether a temporary disability can be a disability under the ADA. The answer is most certainly yes. There is also some other good stuff to cover as well
Stanley Oral Argument at the Supreme Court
As promised, here is a blog entry on the Stanley oral argument. This blog entry will discuss the question that the various Justices asked to each of the attorneys presenting arguments to the Court. In the last section, I will give my thoughts on what transpired. The blog entry is a quick read, and so
Won the Game But Lost the Right Tackle: EEOC v. Walmart Stores East, L.P.
Our blog entry of the day reminds me of the situation where a team wins the football game but loses a key player in the process. I thought of that when reading EEOC v. Walmart Stores East, L.P., here, decided by the Seventh Circuit on August 27, 2024. As usual, the blog entry is
Temporary Impairments, Minor Defined, and Whether Medical Testimony is Required in Order to Establish a Disability
I hope everyone had a good weekend. I just got back from the Federal Bar Association national convention in Kansas City, which was fabulous. I was part of a fantastic panel speaking on policing and persons with disabilities. In particular, we talked about a lot of different things. My part focused on why Graham v.
Did You Know that Asthma Might Not be a Disability? I Didn’t Either Until Now
Did you know that asthma might not be a disability? How is that even possible? After all, asthma is certainly a physical impairment that limits breathing and the immune system. Even so, the Sixth Circuit in Andrews v. Tri-Star Sports and Entertainment Group, Inc., here, on August 21, 2024, said that a plaintiff’s asthma
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
Into the “Frying Pan:” Can the CSRA, Title VII, and the ADA Coexist Simultaneously?
I hope everyone had a great Memorial Day weekend. Today’s blog entry deals with the question of whether the Civil Service Reform Act, Title VII, and the ADA can all coexist at the same time. The case of the day is Lucas v. American Federation of Government Employees decided on March 29, 2023, lower court
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