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?
29 C.F.R. §1630.2
Does Morbid Obesity Require an Underlying Physiological Condition: The Texas Supreme Court Speaks
By William Goren on
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
By William Goren on
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
By William Goren on
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?
By William Goren on
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
By William Goren on
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…
How Much Does it Take to Establish an ADA Disability and Failure to Accommodate Nuggets
By William Goren on
Posted in 504, ADA, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title I, Title II, Title III
Before getting started on the blog entry for the week, I want to wish all those celebrating, a happy Jewish new year.
The blog entry of the week comes from an unpublished decision from the 11th Circuit decided on September 19, 2022, Sugg v. City of Sunrise. It deals with the following…
Using Transitory and Minor Exception as a Preventive Law Tool for Temporary Disabilities Does Not Withstand Further Analysis
By William Goren on
Posted in 504, ADA, Federal Cases, Final Federal Regulations, FMLA, Guidances, Legal malpractice, Title I, Title II, Title III
My daughter completed her classroom component for high school this week and now is just waiting to graduate, so my schedule has been a bit all over the place. Hence, I am getting this blog entry up later in the week than I usually do.
This week’s blog entry is already making the rounds…
Is it Necessary to Allege a Causal Link Between the Accommodation and the Disability?
By William Goren on
Today’s case comes from 2003 and represents the start of a line of cases that I am not sure I have discussed before. I am authoring a chapter in a federal employment litigation treatise on disability discrimination and the case came up during the course of that work. The case is Felix v. New York…
Nix Redux and Can State Covid-19 Liability Laws Limit ADA Suits in Federal Courts
By William Goren on
Next week, my daughter is on break and will be making college trips with each of her parents to different parts of the country. Then, all of us will meet up to see both sides of the family at the end of the week. So, I am hoping that I can get a blog entry…