Before getting started on the blog entry for the week, last week, the Federal Bar Association blog posted my piece on the interactive process. It’s an unusual piece of writing in that it talks about the step-by-step approach to the interactive process AND the psychological overtones of the process. Again, as I mentioned in that
interactive process
Does an Employer Have the Ability to Not Engage in the Interactive Process if the Reasonable Accommodation Request is Facially Unreasonable and Other Stuff
It’s time to get back to the grind after the holiday season. I hope everyone had a great holiday season.
Today’s blog entry deals with the implications of what happens when a reasonable accommodation request of a plaintiff is facially unreasonable. What does that mean for a plaintiff’s reasonable accommodation claim? What might that…
2025 Understanding the ADA Greatest Hits
As promised below is the greatest hits for the Understanding the ADA blog for 2025. Some of the entries that appear in the greatest hits section were not the greatest hits of 2025, but are so important that I keep them in there any way. Here goes the list for 2025 in reverse order of…
How Not to do the Interactive Process
I am back in the office after taking an Alaskan cruise with a side trip to Denali National Park. Both are absolute bucket lists. If you have not done both, I highly recommend it. The scenery in Alaska is something that cannot be easily explained. If you have only done the cruise, definitely worth going…
What Notice is Required to Activate the Mandatory Reassignment Process Assuming a Mandatory Reassignment Process Exists in the First Place
I hope everybody had a great Fourth of July weekend.
Today’s blog entry deals with a couple of different questions. First, in a situation where a person can no longer do the essential functions of the job with or without reasonable accommodations, is reassignment mandatory or is it subject to open competition? Second, what…
Plaintiff Loses But Persons with Disabilities Going Forward Don’t
Before getting started on the blog entry of the week, I want to wish everyone a happy Fourth of July holiday. Be safe and have fun.
Today’s blog entry is a published decision from the Fourth Circuit, Tarquinio v. Johns Hopkins University Applied Physics Lab decided on June 25, 2025, which can be found…
Remote Learning as a Reasonable Accommodation, Deference to Educational Institutions, and Other Good Stuff
Before getting started on the blog entry of the week, I want to wish everyone celebrating Passover, a happy Passover. Also, want to wish everyone celebrating Easter this weekend, a happy Easter.
Turning to the blog entry of the day, Omar v. Wayne State University Board of Governors, here, decided by the United…
2024 Understanding the ADA Greatest Hits
It is that time of the year for the greatest hits of 2024. The greatest hits section of the blog contains the top 10 for the year as well as certain other blog entries that are not in the top 10, but I feel are very important to know are out there. Here goes the…
Interactive Process is a Continuing Obligation and Just What is an Adverse Action
(Decision immediately above in adobe format for this week’s blog entry)
Gavina v. Amazon.com-Word version
(word version of case immediately above)
I hope everyone is having a great holiday season. The way it looks for me is I believe I’m going to get two blog entries up this week and then…
Roadmap for Dealing With Failure to Accommodate Claims at Summary Judgment
Today’s blog entry discusses a case, Tornabene v. City of Blackfoot, here, out of the United States District Court for the District of Idaho that is set for trial on February 24, 2025. The decision denying summary judgment on the disability discrimination claims came down on September 11, 2024. The case presents an excellent…