Today’s blog entry considers the question what happens when you have an individual with a disability seeking to perform a job that the person can do but in order to do that particular job they also have to be simultaneously eligible to do a different job which they may or may not be able to
EEOC v. United Airlines
Mandatory Reassignment: The View From the Fifth Circuit
By William Goren on
One of the hot areas in title I of the ADA is the question of whether an employer has a mandatory duty of reassignment to a vacant position where the employee is no longer qualified per the ADA for that position. The circuits are split on that, so it is just a matter of time…
Why the Distinction Between Deaf and deaf Matters: EEOC Guidance on Hearing Disabilities in the Workplace and the ADA
By William Goren on
Sometimes you have a blog entry all ready to go in your mind. You are even rehearsing the outline of it in your mind. However, something then intervenes and you feel compelled to blog about something else. This is exactly what happened to me for the blog entry of this week. I had been outlining…
Mandatory Reassignment and Interpreting What it Means for the Major Life Activity of Working to be Substantially Limited
By William Goren on
Hope everyone had a great Thanksgiving weekend.
Before getting started on the case of the day, I wanted to let everyone know that I have updated two blog entries in the Understanding the ADA blog. First, last week’s blog entry discussing how people in California who associate with a person with a disability have…
Ketanji Brown Jackson and Disability Rights
By William Goren on
With the nomination of Ketanji Brown Jackson by Pres. Biden to the United States Supreme Court, it is time for me to do my analysis of the nominee’s decisions pertaining to disability rights. My search was done in casetext and it was, “judge/4 Brown-Jackson and ADA or 501 or 504 and disability. I also did…
Is it Necessary to Allege a Causal Link Between the Accommodation and the Disability?
By William Goren on
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…
Getting the Reasonable Accommodation Process Right and Mandatory Reassignment Revisited
By William Goren on
Hope everyone had a great Thanksgiving. We aren’t out of the woods yet with Covid-19. So, please be safe.
Today’s blog entry comes from the Fourth Circuit, Elledge v. Lowe’s Home Centers, LLC1801846767199, a published decision decided on November 18, 2020. The case deals with two issues: failure to accommodate; and whether the…
Extended Leave as a Reasonable Accommodation: The Seventh Circuit View
By William Goren on
Today’s case is Severson v. Heartland Woodcraft, Inc., a case from the Seventh Circuit decided September 20, 2017. The blogosphere has lit up with it, and I thought I could add my own spin to it even though several bloggers have done a real nice job talking about it. As is usual, the case…
Mandatory Reassignment yet Again, Rule 59(E), EEOC Legal Malpractice?, And Other Matters
By William Goren on
I know I said that last week’s blog entry would be my last substantive blog entry of the year, but events can always happen to change my mind. Recently, the 11th Circuit came down with a published decision on December 7, 2016, in EEOC v. St. Joseph’s Hospital, Inc. , which has several issues…
EEOC Guidance on Employer-Provided Leave and the ADA
By William Goren on
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…