Previously, we have discussed here and here whether a plasma center is a place of public accommodation under title III. That discussion shows there is already a split in the Circuit Courts on the issue. On August 30, 2019, the Third Circuit weighed in on this in Matheis v. CSL Plasma Inc., A published
McDonnell Douglas Corporation v. green
Lewis v. Union City Yet Again
Direct Evidence is a Smoking Gun

Today’s blog entry discusses two cases, both dealing with smoking guns (hence, the cannon above).
One is from the Sixth Circuit, Baum v. Metro Restoration Services, Inc., Decided on April 11, 2019. The other is EEOC v. Crain Automotive Holdings LLC from the Eastern District of Arkansas, also…
Curiosity Killed the Cat: Disability Related/Medical Inquiries and the ADA
The blog entry for this week is a follow-up on the blog entry from last week. Last week, I discussed job relatedness and business necessity. This week we discuss medical related inquiries and disability related inquiries in two different cases. One from the Northern District of Texas and the other from the Fourth Circuit.…
Failure to Accommodate Employee Nuggets
Obviously, I missed a blog entry last week. I have a good excuse. My daughter’s bat mitzvah was July 8. While the bat mitzvah and the reception and everything else went great (she did a great job!), the hangover was considerable. Once the hangover subsided, I had a client matter to attend to. However, I…
The Interactive Process
Here, in Decatur, Georgia, and for that matter in the Atlanta metropolitan area generally, kids start school very early and end very early. In Decatur’s case, they start school the first Monday in August and end right before Memorial Day. So, next week my daughter starts summer vacation. She is in for a pretty busy…
McDonell Douglas Dead or Alive?
As everyone knows, I keep a list of my favorite blogs in my blogroll section. One of those blogs on the list is Jonathan Hyman’s Ohio Employer’s Law Blog, An ABA Blawg 100 Hall of Fame Blog. I highly recommend it. Jon has a very unusual perspective on labor and employment law. In a recent…
Burden of Proof When Remediation at Issue
Until last week, several of my blog entries before that, with the exception of the year ender blog entry, where all employment law focused. While I would say up to 40% of my blog entries, probably more likely a third, deal with employment issues, it isn’t accurate to say that my practice focuses exclusively on…
Obesity, International law, and the ADA
I want to wish everyone a happy holiday, whether it be Hanukkah or Christmas or another holiday being celebrated this season. In keeping with the international spirit of the season, I thought I would focus this blog entry on international law.
Starting in the first edition of my book and continuing in all the subsequent…
McDonnell-Douglass and the ADA; An Imperfect fit
In employment discrimination cases, there are two kinds of cases (those involving direct evidence and those involving indirect evidence). Direct evidence cases are the proverbial smoking gun. That is, the plaintiff has explicit evidence that discrimination occurred. However, in most situations, it is difficult if not impossible to find direct evidence, rather things taken together…