Today’s blog entry will be the last substantive blog entry of the year. Next week, is the annual Understanding the ADA greatest hits for 2018. This week’s case deals with the question of what happens when you have both a failure to accommodate and a lack of adverse action. Is the plaintiff out of luck?
interactive process
Court System Accessibility Best Practices Checklist
As readers of this blog know, I don’t usually blog more than once a week. However, I had a moment and a real cool idea already in the can so to speak, so here goes.
At least once a month, I get a call from someone around the country talking about how the court system…
Just where are ESA and service animals allowed on college and university campuses? The true false Analysis
I am a little bit late with an entry this week. However, I have a good excuse. My 14-year-old daughter went off to overnight camp for the first time. She will be gone 4 weeks! That leaves my wife and I empty nesters. This is going to take some getting used to.
The blog entry…
Using Common Sense for Service Animals and Essential Eligibility Requirements
In law school, there is a saying that a student goes in with common sense and comes out with common law. However, there is still room for common sense in the law. Today’s blog entry is actually a two-for-one: service dogs with respect to title II and title III, and essential eligibility…
Hot ADA Issues For The Lodging Industry
Today’s blog entry, deals with the question of what are the hot issues with respect to the ADA and the lodging industry. As I see it, there are six, but this blog entry will only focus on four of them. Two of those four are encapsulated in 28 C.F.R. §36.302. The four are indemnification…
Interaction Between FMLA and ADA: A Whole Lot Going on
The best weekend in sports is no doubt the first and second round of the NCAA basketball tournament. I hope your bracket survived. The UMBC VA game was amazing (even my 14-year-old daughter was into it), and there were plenty of other upsets along the way as well. I am in two pools (brother and…
ADA and Reasonable Accommodations: The HR (Title I) Version
A few weeks back, I attended a chat seminar put on by the Society for Human Resources Management on reasonable accommodations and the ADA. What happens in that kind of seminar is that people write in their questions online and then knowledge advisors respond. The knowledge advisors are very…
Extended Leave as a Reasonable Accommodation: The Seventh Circuit View
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…
Fair Housing Act, Emotional Support Animals, and Service Dogs: Noncompliance Can Cost You Big Time
I was giving serious consideration to blogging on Stragapede v. City of Evanston, Illinois. After all, it isn’t very far from where I grew up, and I have all kinds of family connections to Northwestern University. So, I spent a lot of time in Evanston, including attending many a Northwestern University athletic event. However,…
Medical Marijuana and the ADA: Interactive Process is Everything
Last week the legal blog world lit up with the case of Barbuto v. Advantage Sales and Marketing, LLC, a decision of the Massachusetts Supreme Court on July 17, 2017. Both of my fellow panelists, Robin Shea and Jonathan Hyman, on our ADA and employment issues panel at the Federal Bar Association convention in…