Hope everyone had a great holiday weekend, assuming you had a chance to have Martin Luther King Day off. Today’s case, United States v. Asare is a decision that came down on December 20, 2017, from the Southern District of New York. The lesson here is never forget about the interactive process and performing an
Job Relatedness and Business Necessity Revisited
Hope everybody had a great holiday season and happy new year to all! Back to the grind:-)
The blog entry for the week explores two different cases dealing with disability related inquiries and medical exams of employees. The cases are from the Seventh Circuit and from the District Court of the District of Columbia.
Regulatory Developments
I know I said that I would not be blogging until after the new year started. However, my wife and daughter are hanging out with lunch and a trip to Bed Bath & Beyond. Since we are Jewish, one could ask why we would be making a trip to Bed Bath & Beyond two days
2017 Understanding the ADA Greatest Hits
It is time for the top 10 plus three of 2017. For the most part, the greatest hits, but not of all of their order of popularity stayed the same from 2016 to 2017, except for one entry (negligence per se dropped out of the top 10 and was replaced by the history of ADA
Just When Does the Statute of Limitations BEGIN to Run in ADA Cases
I hope everyone is having a happy holiday season. In Atlanta, we got a few inches of snow. So, my daughter was outside playing in the snow and having snowball fights with her friends. She even got in a couple of snowballs thrown at me. The nice thing about it being in Atlanta was that
ABA 100 and Fundamental Alteration Defense in Academia
I hope everyone had a happy Thanksgiving.
Before getting started on our blog of the week, I first want to pass on some great news about the blog. Thanks to our very generous readers, my blog made the ABA 100 once again. It is the fourth year in a row for us. I simply could
Sovereign Immunity in the Absence of Constitutional Violations
After a two-month period, where my computer was completely on the fritz, I may have finally fixed it. It turns out that Windows itself had become corrupted and that it needed to reinstall Windows. Once I did, that fixed the problem. You wouldn’t believe what I went through
Sovereign Immunity and Title II and III of ADA: This Case Should be Appealed
Today’s case, Glueck v. National Conference of Bar Examiners illustrates the perils of proceeding pro se. The case is certainly worth appealing to the Fifth Circuit. However, the plaintiff is now proceeding with a constitutional challenge to various statutes, which I don’t think will go anywhere. At any rate, the case bears discussing and it
ADA and Reasonable Accommodations: The HR (Title I) Version
A few weeks back, I attended a chat seminar put on by the Society for Human Resources Management on reasonable accommodations and the ADA. What happens in that kind of seminar is that people write in their questions online and then knowledge advisors respond. The knowledge advisors are very
Proving up ADA Interference Claims and Other Questions
Today’s case is from the Seventh Circuit, Frakes v. Peoria School District No. 150. This case is the first federal case I am aware of dealing with how do you go about proving a prima facie case for interference under the ADA. The ADA at 42 U.S.C. §12203 contains both retaliation and interference claims. The