Today’s case explores the arguments as to why an adverse action is not necessary in failure to accommodate cases. As a bonus, it also explores how workers compensation exclusivity does not preempt a state’s disability antidiscrimination law. The case of the day is Richter v. Oakland Board of Education decided on June 8, 2021, by
ADA Claims When Collective Bargaining Agreements Exist
Today’s blog entry explores a variety of issues dealing with vindicating rights under the ADA in the face of a collective bargaining agreement (CBA). The case of the day is Murphy v. United Parcel Service,186188204208207 Inc., a decision from the Eastern District of Wisconsin on March 23, 2021. As usual, the blog entry is divided
Vicarious Exhaustion, §504 statute of limitations, Failure to Accommodate, Otherwise Qualified, and Reassignment all Wrapped up Together in One Case
Today’s blog entry deals with a topic I have not dealt with before and with topics that I have dealt with before. The topic that I have not dealt with before in my eight years of blogging on the Understanding the ADA is the concept of vicarious exhaustion. There are topics that I have dealt
Getting the Reasonable Accommodation Process Right and Mandatory Reassignment Revisited
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
Unreasonable Delay in Granting a Reasonable Accommodation is Actionable Under the ADA
Before starting our blog entry, two lions of the civil rights movement passed away on the same day recently. C.T. Vivian and John Lewis. John Lewis happened to be the person who represented me in the U.S. Congress. Georgia Democrats have selected the Georgia state Democratic Party chair, GA State Sen., Nikema Williams, as his
Title III Standing Plus Insurance Coverage for Failure to Accommodate Claims
Today’s blog entry is a twofer. In the first part of the blog entry, we are going to update a case that we previously blogged on here. In the second part of the blog entry, we are going to explore the question of whether general commercial liability insurance policies cover failure to accommodate claims
Failure to Accommodate, Direct Evidence, and the Interactive Process
Today’s blog entry comes from a connection to mine on LinkedIn, Janette Levey Frisch, an employment lawyer in the New York City area (East Brunswick, New Jersey), blogging at EmpLaWyerologist, http://theemplawyerologist.com/. The case is Fisher v. Nissan North America, Inc., a published decision from the Sixth Circuit decided on February 27, 2020, which
Interactive Process and Essential Functions of the Job
Today’s case is a twofer. That is, we are going to talk about two different cases, both dealing with the interactive process and essential functions of the job. The first case is an unpublished decision from the 11th Circuit, Kassa v. Synovus Financial Corporation, decided February 3, 2020. The second case is Seward
Failure to Accommodate, Direct Evidence, and Adverse Action
Today’s blog entry is going to be my last substantive blog entry of the year. My daughter is on break the last two weeks of December, and just about everybody takes the Christmas season off anyway. The very last blog entry of the calendar year is when I traditionally do my top 10 Understanding the
Are Plasma Centers Places of Public Accommodations?
Previously, we have discussed here and here whether a plasma center is a place of public accommodation under title III. That discussion shows there is already a split in the Circuit Courts on the issue. On August 30, 2019, the Third Circuit weighed in on this in Matheis v. CSL Plasma Inc., A published