Before getting started on the blog entry of the week, housekeeping matters. Next week I will be traveling most of the week, so do not expect a blog entry from me next workweek. Also, I just did an hour long interview with Claudine Wilkins, Esq., where we had a fantastic discussion about the federal and
McElwee v. County of Orange
Disability Related Conduct and Unspecified Leave is not the Same as Indefinite Leave
By William Goren on
Today’s blog entry is a two for one, both dealing in the failure to accommodate space broadly speaking. The first case is Humphrey v. Memorial Hospitals Association, 239 F.3d 1128 (9th Cir. 2001). That case considers the question of whether conduct related to a disability has to be evaluated differently with respect to the…
Would having a disability protect you from being terminated for harassing others?
By William Goren on
Consider: Employee/volunteer/Intern… with a disability is sexually harassing his or her coworkers. The disability is such that the employee/volunteer is unlikely to stop. The hiring authority terminates the employee/volunteer and the employee/volunteer sues the hiring authority for disability discrimination. This sounds very much like what could’ve been the case with the former Mayor of San…