Before getting started on the blog entry of the week, I wanted to pass along that the Federal Bar Association has announced its award recipients for this year. I am quite honored to be the recipient of the Sarah T. Hughes Civil Rights Award (the history of that award can be found here). I
otherwise qualified
Remote Learning as a Reasonable Accommodation, Deference to Educational Institutions, and Other Good Stuff
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title II
Before getting started on the blog entry of the week, I want to wish everyone celebrating Passover, a happy Passover. Also, want to wish everyone celebrating Easter this weekend, a happy Easter.
Turning to the blog entry of the day, Omar v. Wayne State University Board of Governors, here, decided by the United…
Roadmap for Dealing With Failure to Accommodate Claims at Summary Judgment
By William Goren on
Today’s blog entry discusses a case, Tornabene v. City of Blackfoot, here, out of the United States District Court for the District of Idaho that is set for trial on February 24, 2025. The decision denying summary judgment on the disability discrimination claims came down on September 11, 2024. The case presents an excellent…
Nested Positions
By William Goren on
Posted in 504, ADA, Federal Cases, Final Federal Regulations, Guidances, Rehabilitation Act, Title I
Today’s blog entry considers the question what happens when you have an individual with a disability seeking to perform a job that the person can do but in order to do that particular job they also have to be simultaneously eligible to do a different job which they may or may not be able to…
Major Life Activities as Essential Functions and What That Means for Test Takers Trying to get into Those Jobs
By William Goren on
Today’s blog entry deals with two decisions from the U.S. Court of Appeals for the Second Circuit dealing with essentially the same fact pattern. One decision, Williams v. MTA Bus Company, here, is a published decision decided August 12, 2022, while the other decision, Frilando v. New York City Transit Authority is a summary…
Medical Leave as a Reasonable Accommodation: The View from the Sixth Circuit
By William Goren on
Today’s case of the day is a published decision from the Sixth Circuit decided March 8, 2022. The case is Blanchet v. Charter Communications, LLC, here, and it contains a couple of lessons for employers. First, outsourcing HR doesn’t mean that you lose responsibility for what happens if the third-party administrator doesn’t comply with…
Naomi Osaka and Title III of the Ada
By William Goren on
As everyone knows, Naomi Osaka made news last week in a big way. One of the things that I saw is that labor and employment bloggers were using it as an analogy for how they would deal with something like this under title I of the ADA, such as here184192212213215215. Sports commentators, such as…
ADA Claims When Collective Bargaining Agreements Exist
By William Goren on
Today’s blog entry explores a variety of issues dealing with vindicating rights under the ADA in the face of a collective bargaining agreement (CBA). The case of the day is Murphy v. United Parcel Service,186188204208207 Inc., a decision from the Eastern District of Wisconsin on March 23, 2021. As usual, the blog entry is divided…
Vicarious Exhaustion, §504 statute of limitations, Failure to Accommodate, Otherwise Qualified, and Reassignment all Wrapped up Together in One Case
By William Goren on
Today’s blog entry deals with a topic I have not dealt with before and with topics that I have dealt with before. The topic that I have not dealt with before in my eight years of blogging on the Understanding the ADA is the concept of vicarious exhaustion. There are topics that I have dealt…
Just Because §1981 Causation is But For Causation, that Does NOT mean ADA causation is But For
By William Goren on
Posted in General
This week’s blog entry is an update on a previous blog entry and a discussion of the recent Supreme Court decision in Comcast, which involves the causation standard for §1981. Of course, what we are interested in is whether Comcast necessarily means the Supreme Court will decide but for causation is the standard for ADA…