Before getting started on our blog entry for the week, I want to let everyone know that next week my daughter’s school has a break, and we are off to Universal Orlando for the week. We are all big Harry Potter fans. So, with Monday being a holiday and my daughter being off with some
Medical Exams, Direct Threat, and Qualified and How All Three Concepts Work Together
I hope everyone had fun with the Super Bowl yesterday. It was the lowest scoring Super Bowl by five points in the history of all Super Bowl’s. It beat the record set by the Miami Dolphins when they beat the Washington Redskins in 1972 to go undefeated. What is particularly mind-boggling is that the rules
Distilling Essential Functions of the Job to its Basics
In all the years I have been blogging, the number of times I have blogged more than once a week is about three I believe. So, why am I making an exception now? Well, my next few weeks are going to be really weird. My daughter comes home from camp on Monday after four weeks.
Regarded As: What Not to Do
Hope everyone had a great Mother’s Day.
Today’s blog entry is a case that I’ve had in my pipeline for quite a long time. I actually know the plaintiff’s attorney on the case, Cheryl Lagare of Lagare, Attwood & Wolfe. We have spoken a few times, and she is a fabulous CLE speaker. When this
Interaction Between FMLA and ADA: A Whole Lot Going on
The best weekend in sports is no doubt the first and second round of the NCAA basketball tournament. I hope your bracket survived. The UMBC VA game was amazing (even my 14-year-old daughter was into it), and there were plenty of other upsets along the way as well. I am in two pools (brother and
ABA 100 and Fundamental Alteration Defense in Academia
I hope everyone had a happy Thanksgiving.
Before getting started on our blog of the week, I first want to pass on some great news about the blog. Thanks to our very generous readers, my blog made the ABA 100 once again. It is the fourth year in a row for us. I simply could
ADA and Reasonable Accommodations: The HR (Title I) Version
A few weeks back, I attended a chat seminar put on by the Society for Human Resources Management on reasonable accommodations and the ADA. What happens in that kind of seminar is that people write in their questions online and then knowledge advisors respond. The knowledge advisors are very
Extended Leave as a Reasonable Accommodation: The Seventh Circuit View
Today’s case is Severson v. Heartland Woodcraft, Inc., a case from the Seventh Circuit decided September 20, 2017. The blogosphere has lit up with it, and I thought I could add my own spin to it even though several bloggers have done a real nice job talking about it. As is usual, the case
Refusing to Take Funds for Discriminatory Reasons as a Violation of the ADA
Today’s case, Aguirre v. California School of Court Reporting-Riverside, 2016 U.S. Dist. LEXIS 167980 (C.D. Cal. December 2, 2016), comes from a publication that I subscribe to call Disability Compliance for Higher Education. It is an excellent publication geared towards the professionals that serve people with disabilities in higher education. It also will
Just What Does Qualified/Otherwise Qualified Mean Anyway?
Today‘s blog entry comes from the Sixth Circuit and it reminds us of the following: 1) job descriptions must be kept current; 2) essential functions of the job must reflect the reality of how the job is performed; 3) whether a person is a qualified person with a disability under the ADA depends upon whether