Before starting on the blog entry of the day, if you have not already voted do so. Today’s blog entry is a case, Exby-Stolley v. Board of County Commissioners, Weld County, Colorado17918111819811820567, that I blogged on almost 2 years ago. About two years ago, the 10th Circuit came down with a decision, which
Interactive Process and Essential Functions of the Job
Today’s case is a twofer. That is, we are going to talk about two different cases, both dealing with the interactive process and essential functions of the job. The first case is an unpublished decision from the 11th Circuit, Kassa v. Synovus Financial Corporation, decided February 3, 2020. The second case is Seward
Direct Evidence is a Smoking Gun
Today’s blog entry discusses two cases, both dealing with smoking guns (hence, the cannon above).
One is from the Sixth Circuit, Baum v. Metro Restoration Services, Inc., Decided on April 11, 2019. The other is EEOC v. Crain Automotive Holdings LLC from the Eastern District of Arkansas, also
Dog in Apartments, Hostile Work Environment and the ADA, and Scared of Needles
Today’s blog entry is a triple play. In the first, we will go over an advice column and discuss what they got wrong and what they got right. In the second and third situation, we will briefly discuss two cases that came down from the Second Circuit recently: dealing with hostile environment under the ADA
Does a Failure to Accommodate Claim Require an Adverse Action?
Today’s blog entry will be the last substantive blog entry of the year. Next week, is the annual Understanding the ADA greatest hits for 2018. This week’s case deals with the question of what happens when you have both a failure to accommodate and a lack of adverse action. Is the plaintiff out of luck?
What Not to do With Respect to Pre-employment Disability Related Inquiries and Retaliation
Here in Atlanta, we have finally moved into fall weather. That means temperatures in the afternoons in the upper 60s and low 70s and temperatures in the evenings and mornings in the 50s. The 20 to 30° range of temperature that Atlanta gets in the winter and in the fall took some getting used to.
File/Amend an EEOC Charge As Often As You Have To and Other Goodies
Today’s case raises the point that an EEOC charge needs to cover the claim. Further, don’t assume that just because there is a prior EEOC charge on file that a subsequent claim will be automatically covered. The case is Martinez v. University Medical Center. The case also has some other interesting points in it