Today’s blog entry returns us back to the world of employment law. One of the things that drives me crazy is that people, including judges, sometimes forget whether a person is qualified to do a particular job means assessing whether the individual can perform the essential functions of the job WITH or without reasonable accommodations.
Egregious Fitness for Duty Policy Leads to Class Action Certification
Before getting started on our blog entry for the week, I want to let everyone know that next week my daughter’s school has a break, and we are off to Universal Orlando for the week. We are all big Harry Potter fans. So, with Monday being a holiday and my daughter being off with some
Medical Exams, Direct Threat, and Qualified and How All Three Concepts Work Together
I hope everyone had fun with the Super Bowl yesterday. It was the lowest scoring Super Bowl by five points in the history of all Super Bowl’s. It beat the record set by the Miami Dolphins when they beat the Washington Redskins in 1972 to go undefeated. What is particularly mind-boggling is that the rules
Title III of the ADA Applies to Internship and Externship Sites
Before proceeding with today’s blog entry, I do want to express my wishes that everyone be safe with the terribly cold weather around the country today. My native city of Chicago is brutally cold today. Be safe and stay warm!
Previously, I have talked about internship and externship sites being subject to the ADA here
Does a Failure to Accommodate Claim Require an Adverse Action?
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?
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
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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