Hope everybody had a great Memorial Day weekend. This week’s blog entry begins a two-part series talking about how the ADA prohibits discrimination on the basis of disability when it comes to offered privileges and benefits. In this week’s blog entry, we will talk about the recent Eighth Circuit decision, here, in Hopman v.
Mentkowitz v. Pottstown Memorial Medical center
The Greatest Hits 2022 Edition
Today’s blog entry is my yearly wrap up of the most popular blog entries for 2022. As I always do, there are some additional blog entries that I keep in the greatest hits category due to what I believe is their significance even though they may not be the most popular. With respect to the…
Medical Licensing Boards, Physician Health Programs, and the Lack of ADA Compliance: an Opportunity for Plaintiff Lawyers
ADA and the “Sports Association.”
For years, I refereed and umpired basketball and softball. The entity for managing the referees and umpires were associations whose sole purpose was to deal with the referee side of things. Referees and umpires were ostensibly independent contractors (whether they are would be the subject of a separate blog entry and will not be the…
Does Title II of the ADA Apply to Employment? Two Views
This week when I was looking for a case to blog about I came across the case of Torres v. Junto De Gobierno De Servicio De Emergencia, where on April 28, 2015 United States District Court for the District of Puerto Rico denied a motion to reconsider. In the original opinion and order, they…
Where does an independent contractor turn if he or she is terminated on the basis of his or her disability?
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Introduction
Let’s say that you have a client that is an independent contractor. The following day after disclosing that he or she has a disability, the independent contractor relationship is terminated. Where does this person turn for a remedy?
The first possibility is to show that the client was not an independent contractor at…
ADA and Mediation/Arbitration: Things to Think About
The ADA and alternative dispute resolution are two concepts that mesh very well together. The ADA itself has language in it encouraging dispute resolution. In fact, both the EEOC and the Department of Justice have mediation programs dealing with ADA lawsuits. Also, with the courts having a very favorable view towards arbitrating claims, arbitration has…