Our blog entry of the day reminds me of the situation where a team wins the football game but loses a key player in the process. I thought of that when reading EEOC v. Walmart Stores East, L.P., here, decided by the Seventh Circuit on August 27, 2024. As usual, the blog entry is
Interactive Process Framework
I recently had the privilege of presenting at the Georgia ADA Coordinators conference held at the Georgia aquarium. In the room that I presented in, it ran right up against the beluga whales exhibit. There were times when I would look around the room, and I would see a couple of beluga whales staring at
Qualified Otherwise Qualified Means Factoring in Reasonable Accommodations
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.
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
Service Dogs And Emotional Support Animals with Respect to Title I of the ADA (Employment)
Before getting started on the blog entry of the day, I would be remiss if I didn’t note that the Cubs are back in it! Winning two games against a very tough Cleveland team in Cleveland with a likely Hall of Fame manager is going to be very tough. Go Cubs!
Last week, a person
EEOC Guidance on Employer-Provided Leave and the ADA
First off, I want to thank everyone who voted for me for the 2016 ABA blog 100. It has been two years in a row for Understanding the ADA, and I am keeping my fingers crossed for a third. Thanks again everyone!
Turning to the topic of the week, about a week or so ago
ABA Legal Blawg 100, Essential Function, Direct Threat, Interactive Process, and Reassignment
Before moving on to today’s case, the nominations for the 2016 ABA legal blawgs 100 are now open. The nomination form can be found here. The deadline is August 7, which is this Sunday. It has been a distinct honor and privilege to be a member of this distinguished group for the last two
How not to defend essential functions of the job
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