In a prior blog entry, I discussed a case where the Seventh Circuit was faced with the question as to whether the ADA mandated reassignment or whether competitive bidding would suffice in order to comply with the ADA. That particular case, as discussed previously in this blog, held that prior Seventh Circuit precedent
Class is in session: Does the Defendant Have a Right to Know Who Is Enrolled
By William Goren on
Posted in Federal Cases, Title I
Before anyone can file a suit alleging a violation of the Americans with Disabilities Act, they first have to exhaust administrative remedies. That means they have to file a claim with the EEOC first. In some cases, a plaintiff files a claim with the state discrimination authority and that claim gets cross filed with the…
Reassignment of employees… Eventually headed to the US Supreme Court
By William Goren on
Posted in Federal Cases, Title I
Yesterday, in EEOC v. United Airlines, Incorporated, (docket number 11-1774, March 7, 2012 (Seventh Circuit)), the United States Court of Appeals for the Seventh Circuit came down with a decision saying that United Air Lines was under no obligation to guarantee a reassignment to a vacant position for an employee that could no longer…
Has the EEOC gone too far?
By William Goren on
Posted in Title I
In an informal discussion letter, http://www.eeoc.gov/eeoc/foia/letters/2011/ada_qualification_standards.html , the EEOC said that using high school graduation as an automatic cut off for a job could lead to a situation where persons with disabilities are able to successfully claim that the requirement is unlawfully screening them out from the position since for a variety of reasons some…