I hope everyone had fun with the Super Bowl yesterday. It was the lowest scoring Super Bowl by five points in the history of all Super Bowl’s. It beat the record set by the Miami Dolphins when they beat the Washington Redskins in 1972 to go undefeated. What is particularly mind-boggling is that the rules
direct threat
Issues Relating to Medical Exams
I did not blog last week, but I have a good excuse. Last week, was the Jewish day of atonement, Yom Kippur, and my daughter was also on fall break. For those who were celebrating last week, I hope your holidays went well. My daughter is now back in school, and so I am ready…
Applicability of DOJ Service Dog Regulations to Rehabilitation Act Cases
Today’s blog entry deals with the question of whether the DOJ final regulations on service dogs are applicable to a case arising under the Rehabilitation Act and not the ADA. The case is Berardelli v. Allied Services Institute of Rehabilitation Medicine, a published decision from the Third Circuit decided August 14, 2018. As usual,…
Licensing Boards Need to Rethink Their Practices
Before getting started on the second blog entry of the week, as mentioned in the first blog entry of the week, a few housekeeping matters are in order. First, it is that time of year again to vote for the ABA 100. I have been thrilled to be part of that for the last four…
Animals at Home and on Planes: The Oklahoma and DOT Views
Regarded As: What Not to Do
Hope everyone had a great Mother’s Day.
Today’s blog entry is a case that I’ve had in my pipeline for quite a long time. I actually know the plaintiff’s attorney on the case, Cheryl Lagare of Lagare, Attwood & Wolfe. We have spoken a few times, and she is a fabulous CLE speaker. When this…
Fear of Future Disability Actionable Under ADA?
Today’s blog entry deals with the question of whether taking adverse action against a person who does not currently not have a disability but where the employer fears will develop a disability in the future is actionable under the ADA. We will discuss two cases going opposite ways. They are: EEOC v. STME, LLC d/b/a/ …
Shaquem Williams, NFL, and the ADA
I was trying to figure out what to blog on this week. I had various possibilities in mind, but for one reason or the other I rejected each of them, though one of them I put back in my pipeline. As everyone knows, the ADA and professional sports has long been an interest of mine.…
It’s a Plane, It’s a Bird, It’s a Bird on a Plane… What the…
Job Related, Business Necessity, Direct Threat at the CEO level
When it comes to blog entries, sometimes, I have a pipeline of cases to discuss. Sometimes, I have to search for a case to discuss. Sometimes, a news item comes up bearing discussing. As of now, cases in my pipeline include: standing under title III of the ADA; a tour de force on why Internet…



