essential functions of the job

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Recently, I read a case out of the Western District of Pennsylvania which I found absolutely fascinating. In this particular case, the court dealt with three issues. First, does the plaintiff have a disability at all? Second, does “regarded as” even apply outside of the title I context? Finally, was the plaintiff a direct threat…

I recently relocated my office. Therefore, that is why you haven’t seen an entry in a little bit. I am now settled in and will get back to regular blogging. Thank you for bearing with me.

With the amendments to the Americans with Disabilities Act, litigation will now shift from whether a person has a…

In a recent case, EEOC v. Dillard’s Incorporated (United States District Court of the Southern District of California, Docket number 08cv1780-IEG (PCL)), the court held that an employer’s policy stating that an employee’s health related absence would not be excused unless the employee furnished a note from his or her doctor stating the condition being…