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
Does an Employer Have to Allow an Employee’s Service Animal?
I always assumed that a dog satisfying the definitions of a service animal under the DOJ final regulations for title II and title III of the ADA would have to be automatically allowed by an employer where the employee has a service dog satisfying that definition. At least in the Eighth Circuit, that isn’t the
Bar Examiners, Colleges and Universities May All Want to Reconsider the Extent of Their Documentation Requests When Receiving Accommodation Requestss
Today’s blog entry come from the Supreme Court of Maryland in a case called In the Matter of Antavis Chavis, here. The case, a 4-3 decision in favor of the plaintiff, should have high-stakes testing entities, and even colleges, and universities reevaluating the documentation they demand before deciding to make accommodations/modifications for an individual
Carrying Gun as an Essential Function of the Job
Picture: A glock pistol, set against a dark background, standing up with barrel pointed down on a brown hardwood floor with its magazine lying next to it.
This blog entry will be the last substantive blog entry of the year. The next blog entry for the calendar year will be my greatest hits and other
Does Title I of the ADA Apply When the Plaintiff is no Longer Qualified/Otherwise Qualified?
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?
Does Morbid Obesity Require an Underlying Physiological Condition: The Texas Supreme Court Speaks
I hope everyone had a Fourth of July weekend that was fantastic and safe.
Our blog entry for the week is a case that we have blogged on before. It asks the question of whether a claim of morbid obesity requires an underlying physical impairment or mental impairment or is just the claim of
Privileges and Benefits Part II and Other Matters
Today’s blog entry is a case that many bloggers are blogging about. As y’all know, I am not afraid to blog on cases that others have blogged on if I feel I can offer my own perspective. This case certainly fits the bill. The case is the 11th Circuit published decision, here, Beasley
Privileges and Benefits Part I: Hopman at 8th Circuit
Hope everybody had a great Memorial Day weekend. This week’s blog entry begins a two-part series talking about how the ADA prohibits discrimination on the basis of disability when it comes to offered privileges and benefits. In this week’s blog entry, we will talk about the recent Eighth Circuit decision, here, in Hopman v.
Would EEOC’s Hearing Disabilities in the Workplace Guidance Survive Kisor?
I recently blogged on the EEOC guidance on the hearing disabilities in the workplace, here. I noted several problems with it. Not the least of which was how it confused Deaf, deaf, and Hard of Hearing. There were some other issues as well. That isn’t to say that the guidance did not contain its
Mandatory Reassignment and Interpreting What it Means for the Major Life Activity of Working to be Substantially Limited
Hope everyone had a great Thanksgiving weekend.
Before getting started on the case of the day, I wanted to let everyone know that I have updated two blog entries in the Understanding the ADA blog. First, last week’s blog entry discussing how people in California who associate with a person with a disability have