In a prior blog entry, I discussed how the issue of reassignment when an otherwise qualified person with a disability can no longer do the job would eventually be headed to the Supreme Court. However, that entry did not address the question as to how you go about proving up, i.e. making a prima
reasonable accommodation
Help wanted: ASL practitioners
A fascinating case, Belton v. Georgia, 2012 WL 1080304 (N.D. Ga. March 30, 2012), recently came down from the northern district of Georgia. In this case, two people who were both deaf and suffered from mental illness sued the state of Georgia because the state of Georgia simply was not set up to accommodate…
I wanna be a lifeguard with apologies to blotto
Keith v. Oakland County, 2011 WL 3862329 (Eastern District of Michigan September 1, 2011), is a fascinating case containing several very important points. In this case, a deaf person trained to be a lifeguard. During the training process he received a variety of accommodations and was able to complete the training successfully. However, when he…
Commuting and the duty to accommodate
In tort law, there such a thing as the coming and going rule. That is, if an employee acts negligently while commuting to work or coming from work, the employer is not liable for those actions. The Internal Revenue Service has a similar rule. That is, you can’t take off your mileage when you are…