Today’s blog entry returns us back to the world of legal malpractice. You simply do not see a lot of legal malpractice with respect to ADA matters, and I have always wondered why. We have discussed legal malpractice with respect to ADA matters before, such as here. The case of the day is Suburban
Cleveland v. Policy Management Systems Corporation
Is it Necessary to Allege a Causal Link Between the Accommodation and the Disability?
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…
Cleveland Policy Revisited: Does the Exception Swallow the Rule?
Today’s blog entry deals with the concept of judicial estoppel. As I previously discussed here, the concept says that you make representations in one forum those representations can come back to haunt you later. I have also written on how it is legal malpractice not to be aware of this principle, here179182192195190192192190191193192. In the…
Legal Malpractice Risks and the ADA
Previously, I have talked about how the EEOC if it wasn’t the EEOC would have committed legal malpractice in the case we talked about here. From going through my search engine, it doesn’t seem like I have talked about where the legal malpractice risks are with respect to the ADA. In going through my…
Curiosity Killed the Cat: Disability Related/Medical Inquiries and the ADA
The blog entry for this week is a follow-up on the blog entry from last week. Last week, I discussed job relatedness and business necessity. This week we discuss medical related inquiries and disability related inquiries in two different cases. One from the Northern District of Texas and the other from the Fourth Circuit.…
ADA and Professionalism Issues
Hope everybody had a great Labor Day weekend. Today’s blog entry discusses the professional obligations associated with a person with a disability in litigation. I can’t tell you how often I get a call from a person, generally a couple of times a week, talking about how the court system is not accommodating their disability.…
EEOC Guidance on Employer-Provided Leave and the ADA
First off, I want to thank everyone who voted for me for the 2016 ABA blog 100. It has been two years in a row for Understanding the ADA, and I am keeping my fingers crossed for a third. Thanks again everyone!
Turning to the topic of the week, about a week or so ago…
ADA and ADA Related Cases at the Supreme Court: Where They Have Been and What Is Next
Did you know that persons with disabilities are undefeated at the Supreme Court when it comes to title II and title III matters? It’s true.
Let us explore the ADA and ADA related cases that have been before the United States Supreme Court since the ADA went into effect. If I have this figured right,…
Workforce Innovation and Opportunity Act Regulations: The New World
This blog is about understanding the ADA. That said, there are so many places that bounce into the ADA that sometimes I wonder if it is not more apt, at times, to say it is about understanding the ADA and related laws. This is one of those situations where I’m going to talk about a…
Class-action and persons with disabilities R.I.P.?
Here’s a fact. No two disabilities even the same ones are the same. Accordingly, it makes perfect sense that the ADA requires an individual analysis throughout. Further, under both title I and title II of the Americans With Disabilities Act, in addition to having a disability, the person must be qualified. That is, capable of…