Here’s a fact. No two disabilities even the same ones are the same. Accordingly, it makes perfect sense that the ADA requires an individual analysis throughout. Further, under both title I and title II of the Americans With Disabilities Act, in addition to having a disability, the person must be qualified. That is, capable of
Justice O'Connor
Is reassignment mandatory revisited
By William Goren on
Posted in Title I
In a prior blog entry, I discussed a case where the Seventh Circuit was faced with the question as to whether the ADA mandated reassignment or whether competitive bidding would suffice in order to comply with the ADA. That particular case, as discussed previously in this blog, held that prior Seventh Circuit precedent…
Olmstead evolves
By William Goren on
In Olmstead v. L.C., 527 U.S. 581 (1999), United States Supreme Court held that it violated the Americans with Disabilities Act for for a State to have a system that did not allow persons with mental illness to be treated in the community. Since that time, the United States government has been very aggressive…
Reassignment of employees… Eventually headed to the US Supreme Court
By William Goren on
Posted in Federal Cases, Title I
Yesterday, in EEOC v. United Airlines, Incorporated, (docket number 11-1774, March 7, 2012 (Seventh Circuit)), the United States Court of Appeals for the Seventh Circuit came down with a decision saying that United Air Lines was under no obligation to guarantee a reassignment to a vacant position for an employee that could no longer…