Today’s blog entry deals with the question of what happens if you are a college or university and a student acts out. The acting out is related to a disability or to medication the person is taking for that disability. Instead of engaging the student or discussing whether reasonable accommodations/modifications might solve the problem, the
AI (Artificial Intelligence) Provider Can be Held Liable as an Employer Under Antidiscrimination Statutes
The EEOC has been focused on AI discrimination in the workplace for some time. It has been a particular focus, though not exclusively with him, for outgoing EEOC Commissioner Keith Sonderling, who actually wrote a law review article on the topic (see ¶ 1 of thoughts/takeaways §). During the last academic year, I was part
Court Says Reasonable Accommodation Request Must Relate to Essential Job Functions, But Did it Really Have to Draw That Conclusion?
Today’s blog entry is one of those situations where I read a case and asked myself whether the court could have gotten to the same place more elegantly than the way it did. The case of the day is Bruno v. Chasity Wells-Armstrong, here, decided by the Seventh Circuit on February 23, 2024. As
Carrying Gun as an Essential Function of the Job
Picture: A glock pistol, set against a dark background, standing up with barrel pointed down on a brown hardwood floor with its magazine lying next to it.
This blog entry will be the last substantive blog entry of the year. The next blog entry for the calendar year will be my greatest hits and other
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
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?
Remember that Law School Exam? Defenses Run Amok
For those who remember law school, the typical law school exam was a completely crazy hypothetical with thousands of issues in it. The idea was to spot all the issues and somehow mention that you knew how to deal with them within the allotted timeframe. I was reminded of that experience when I read National
Telecommuting as a reasonable accommodation: EEOC v. Ford Motor Company en banc Decision
In a comment to this blog entry, I discussed the panel decision of the Sixth Circuit in EEOC v. Ford Motor Company where the panel held that telecommuting was a reasonable accommodation. Before proceeding further, I want to thank Jon Hyman for alerting me through his blog that the en banc decision came down