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
essential functions of the job
Failure to Accommodate Employee Nuggets
Obviously, I missed a blog entry last week. I have a good excuse. My daughter’s bat mitzvah was July 8. While the bat mitzvah and the reception and everything else went great (she did a great job!), the hangover was considerable. Once the hangover subsided, I had a client matter to attend to. However, I…
Just What Does Qualified/Otherwise Qualified Mean Anyway?
Today‘s blog entry comes from the Sixth Circuit and it reminds us of the following: 1) job descriptions must be kept current; 2) essential functions of the job must reflect the reality of how the job is performed; 3) whether a person is a qualified person with a disability under the ADA depends upon whether…
When It Comes To Handling Reasonable Accommodation Requests, Preventive Law Is the Whole Ballgame
As you are aware, I missed a blog entry last week. I do have an explanation. At the beginning of the week, I was faced with a deadline for getting a complaint out. No, I don’t usually draft one myself, but this was an extraordinary situation. At the end of the week I had a…
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…
ABA Legal Blawg 100, Essential Function, Direct Threat, Interactive Process, and Reassignment
Before moving on to today’s case, the nominations for the 2016 ABA legal blawgs 100 are now open. The nomination form can be found here. The deadline is August 7, which is this Sunday. It has been a distinct honor and privilege to be a member of this distinguished group for the last two…
Labels Are Everything: Characterizing Essential Functions of the Job Is a Critical Question
Today’s case is a case originating in Winston-Salem, NC that I have been following for some time. I want to thank Robin Shea, who actually works in Winston-Salem, for alerting me in a recent entry to her blog (see my blogroll), that the Fourth Circuit decision came down. The case is Stephenson v. Pfizer, Inc.…
Essential job functions, Big Time College Football and Alcoholism
Just about everyone on the Internet and in the blogosphere is talking about the filing of Coach Sarkisian’s disability discrimination lawsuit against University of Southern California. All kinds of folks have blogged on it already. Normally, since all kinds of folks have blogged on it, many doing it quite well, I would refrain from commenting.…
What’s Wrong with This Job Description? Let Me Count the Ways
Hope everyone had a great Thanksgiving! This post is a momentous one so to speak. It is my 200th blog entry (about four years). There is absolutely no way I could have done this without the loyal readers of this blog. Thank you so much!!!!!!! As much as I love to write, writing a blog…
The Double Whammy of Pregnancy and Disability after Young v. UPS: EEOC Steps in
This is an update to the blog entry that I previously posted. I am revising it because upon further review, it is NFL season after all (Go Falcons!; Go Cubs too!), I realized that confusion was created over when the amendments to the ADA went into effect versus when the final regulations of the ADA…