The Blog of William D. Goren, J.D. LL.M.
Hope everyone had a great Fourth of July! My daughter and I got to enjoy some fireworks. They do a nice job with the fireworks here.
Today’s case is a long one. In the typical side-by-side version that we all remember from law school, the case ran 30 pages. Nevertheless, there are lots of goodies…
In a previous blog entry, I discussed how a company could do an excellent job of defending litigation over what are essential functions of the job. This particular blog entry deals with the opposite scenario, where the company does not do a very good job at all of accomplishing that task. The case is…
I first found out about this case- Weaving v. City of Hillsboro, a published decision from the Ninth Circuit decided August 15, 2014- from reading Jon Hyman’s excellent blog entry on it, which can be found here.
Jon does an excellent job of describing the facts of the case and I quote from…
The ADA allows a physical exam to be made after a conditional job offer. That is, it is perfectly permissible under the ADA to offer a person a job conditionally subsequent to taking a physical. If the employer denies employment after the physical exam (i.e. takes back the conditional job offer), the employer must do…
This blog entry can be divided neatly into two parts. In the first part, I play a game of true false based upon the issues that arose in the recent case of Attiiogbe-Tay v. Southeast Rolling Hills LLC, which recently came down from the United States District Court of Minnesota. The second part explores…
In a prior blog entry, we discussed whether indefinite medical leave was a reasonable accommodation under the ADA. In that blog entry, we discussed a case from the 10th circuit, where they held that indefinite leave was not a reasonable accommodation under the ADA. But that isn’t the end of the matter. What about…
Consider: Employee/volunteer/Intern… with a disability is sexually harassing his or her coworkers. The disability is such that the employee/volunteer is unlikely to stop. The hiring authority terminates the employee/volunteer and the employee/volunteer sues the hiring authority for disability discrimination. This sounds very much like what could’ve been the case with the former Mayor of San…
In a previous blog, we talked about marijuana and the ADA. What about narcotics that are prescribed by a physician subsequent to a surgery? Would it be a reasonable accommodation to allow the plaintiff to return to work while using narcotic medications? It’s a justiciable question given the facts it had before it says…
Over the years, lots of people have written about the intersection between Family and Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA), myself included. You simply cannot deal with the ADA and not be aware of the FMLA and vice-versa. Some of the things to be aware of is that the FMLA…
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…