First off, I want to wish all of my Jewish brethren a happy new year, and a nice period of reflection leading up to Yom Kippur. A bit different this year with massive synagogue gatherings not being in the cards. Some of us just reflected while others may have gone online and participated with their
Burden of Proof for Direct Threat Cases
Today’s case is an unpublished decision out of the Northern District of Texas that has potential to be a real sleeper. That is, one of the things that the medical licensing boards and the PHP’s are doing are claiming that ensuring physicians with disabilities are not allowed to practice or can only practice with restrictions
CDC Mask Guidance and EEOC Guidances Dealing with Opioids
Today’s blog entry discusses the recent guidance from the CDC on consideration for wearing masks updated on August 7, 2020. It also discusses two different recent guidances from the EEOC on opioids. My thanks to Eric Meyer for pointing out the CDC guidance. He has an entry on it in his blog, here. The
Big News
I have big news to share. I have been frustrated with my blog/website set up for some time. On Friday, I will be moving all of that into one site onto the lexblog platform. So, starting at around five Eastern time on Friday and perhaps continuing through the weekend accessing my blog may be spotty.
ESA in Iowa? Not under Iowa Law if in Residential Complexes or Dormitories
Today’s blog entry come from a decision of the Iowa Supreme Court on June 30, 2020. The result of this decision means that if you are in the State of Iowa, living in a multifamily complex or dormitory, and want an emotional support animal, you most probably are not going to be able to get
Association Discrimination and the ADA (Title I)
Before getting started on the blog entry of the day, I did a webinar the other day for the Georgia Lawyers for the Arts on Internet accessibility and on effective communications. We also talked about other matters as well. It was the first time I did a webinar using the zoom platform. I found it
Expect Every ADA Case in Litigation to Litigate Causation
Up until about this morning, I had no idea what I was going to blog on this week. I was thinking I was going to blog on a case in my pipeline that is a tour de force with respect to associational discrimination. However, when I started checking my email, I saw in my law
Just Because §1981 Causation is But For Causation, that Does NOT mean ADA causation is But For
This week’s blog entry is an update on a previous blog entry and a discussion of the recent Supreme Court decision in Comcast, which involves the causation standard for §1981. Of course, what we are interested in is whether Comcast necessarily means the Supreme Court will decide but for causation is the standard for ADA
The EEOC and Coronavirus
Don’t do this with disability related inquiries and medical exams.
Today’s blog entry is one of those situations where I spent some of my morning determining what I was going to blog on. Then, late breaking news intervened, and so I had to change it up. My original plan was to blog on
The ADA and the Coronavirus: The Key Concepts Edition
Coronavirus
Everything is about the coronavirus both in our personal lives and in our professional lives. You can find several excellent blog entries on the coronavirus from people in my blog roll, such as but not limited to Jon Hyman and Eric Meyer. I saw the other day that OSHA has weighed in as well.