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
reasonable accommodation
The Interactive Process
By William Goren on
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…
Honest Belief Rule
By William Goren on
Today’s case, to DeWitt v. Southwestern Bell Telephone Company deals with the honest belief rule. This rule allows an employer to justify a termination if it honestly believes its reason for doing so was valid regardless of whether it actually was. As is usual, the blog entry is divided into categories: facts; court’s reasoning; and…
Mandatory Reassignment yet Again, Rule 59(E), EEOC Legal Malpractice?, And Other Matters
By William Goren on
I know I said that last week’s blog entry would be my last substantive blog entry of the year, but events can always happen to change my mind. Recently, the 11th Circuit came down with a published decision on December 7, 2016, in EEOC v. St. Joseph’s Hospital, Inc. , which has several issues…
Just What Does Qualified/Otherwise Qualified Mean Anyway?
By William Goren on
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…
When It Comes To Handling Reasonable Accommodation Requests, Preventive Law Is the Whole Ballgame
By William Goren on
As you are aware, I missed a blog entry last week. I do have an explanation. At the beginning of the week, I was faced with a deadline for getting a complaint out. No, I don’t usually draft one myself, but this was an extraordinary situation. At the end of the week I had a…
EEOC Guidance on Employer-Provided Leave and the ADA
By William Goren on
First off, I want to thank everyone who voted for me for the 2016 ABA blog 100. It has been two years in a row for Understanding the ADA, and I am keeping my fingers crossed for a third. Thanks again everyone!
Turning to the topic of the week, about a week or so ago…
Addiction/Perceived Addiction in the Workplace; the View from the Sixth Circuit
By William Goren on
Today’s case is a case out of the Sixth Circuit, Ferrari v. Ford Motor Company, decided June 23, 2016. It deals with the issue of what happens when an employer perceives an opioid addiction. As is typical, my blog entry is divided into categories: facts; court’s reasoning; and takeaways. The reader is free to…
Labels Are Everything: Characterizing Essential Functions of the Job Is a Critical Question
By William Goren on
Today’s case is a case originating in Winston-Salem, NC that I have been following for some time. I want to thank Robin Shea, who actually works in Winston-Salem, for alerting me in a recent entry to her blog (see my blogroll), that the Fourth Circuit decision came down. The case is Stephenson v. Pfizer, Inc.…
Can a Reasonable Modification Request Be Per Se Unreasonable?
By William Goren on
Today is March madness. So, I want to wish everyone and their teams good luck in both the men’s and women’s tournament as well is in the men’s and women’s NIT tournament. Also, congratulations to an alum of my high school, Merrick Garland, on being nominated to the United States Supreme Court. While we attended…