Before getting started on the blog entry of the week, my daughter will be coming home for spring break this coming Friday. Her break is a week, so it may not be possible to do a blog entry next week. Also, good luck on your men and women in NCAA tourney brackets. Drake University men
Chevron v. Echazabal
Failure to Accommodate When Doing a Fitness for Duty Exam May Cost You Big Time
I am taking a break from watching the Olympics on Peacock and other channels. Hoping everyone has a good end to the summer. At least in my town, K-12 starts for the kids tomorrow.
Today’s blog entry deals with the question of what happens when you have a fitness for duty exam that doesn’t…
Roadmap for Dealing with Emotional Support Animals Matters
This may very well be a week with two blog entries for three reasons. First, there is the blog that will be the subject of this blog entry. Second, if I have this figured right, this is the last week that the Supreme Court has for issuing opinions before their summer recess. I am particularly…
DOJ PUTS Substance Abuse Programs/Professional Health Programs/Physician Recovery Programs on Notice
Happy thanksgiving week everyone!!!
Today’s blog entry is the complaint, here, and consent decree, here, in U.S. v. City of Blaine, MN. The case has incredible parallels to what is going on in the world of health care professionals and Physician Health Programs (substance abuse programs such as discussed in this case,…
EEOC v. Army Sustainment LLC: A Bunch of Stuff to be Aware of
Before getting started on the blog entry of the day, I wanted to point out that the White House issued a memorandum detailing how agencies should go about Internet accessibility. The document, which can be found here, is basically a best practices guide for executive agencies with respect to their Internet sites. Of particular…
Eligibility Criteria, Direct Threat, and the Necessity Exception
It has been a while since I blogged on the ADA with respect to amusement parks. On July 7, 2023, the 11th Circuit in a published decision came down with a case discussing the ADA with respect to amusement parks. Among the topics discussed are the screen out provisions and direct threat. The case…
Nix Redux and Can State Covid-19 Liability Laws Limit ADA Suits in Federal Courts
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…
Psychological Testing Must Still Comply with the ADA
Today’s blog entry talks about a published decision from the Third Circuit that came down on March 3, 2021. It deals with what happens when a physical or mental exam after a conditional job offer is done in an ADA noncompliant way. The case of the day is Gibbs v. City of Pittsburgh, which can…
Animals on Planes: DOT Final Rule


Miniature horse
yes to non-federal governmental entities; yes to places of public accommodations; but not on planes.
Previously, the Department of Transportation came out with proposed regulations on service animals, here121230180118219189696969197. …
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…