There is a lot of confusion out there about whether alcoholism is a disability. Illegal use of drugs gets exempted from the ADA but alcoholism is a different story. True, you can evaluate a person engaged in excessive use of alcohol in terms of performance as if the alcohol use doesn’t exist, but that is
Temporary Impairments, Minor Defined, and Whether Medical Testimony is Required in Order to Establish a Disability
I hope everyone had a good weekend. I just got back from the Federal Bar Association national convention in Kansas City, which was fabulous. I was part of a fantastic panel speaking on policing and persons with disabilities. In particular, we talked about a lot of different things. My part focused on why Graham v.
Did You Know that Asthma Might Not be a Disability? I Didn’t Either Until Now
Did you know that asthma might not be a disability? How is that even possible? After all, asthma is certainly a physical impairment that limits breathing and the immune system. Even so, the Sixth Circuit in Andrews v. Tri-Star Sports and Entertainment Group, Inc., here, on August 21, 2024, said that a plaintiff’s asthma
EEOC v. Army Sustainment LLC: A Bunch of Stuff to be Aware of
Before getting started on the blog entry of the day, I wanted to point out that the White House issued a memorandum detailing how agencies should go about Internet accessibility. The document, which can be found here, is basically a best practices guide for executive agencies with respect to their Internet sites. Of particular
Covid-19 May be Covered by both Actual Disability and Regarded As Prongs
Today’s blog entry deals with the situation where a person get Covid-19, goes through most of the quarantine period, and then is fired by the employer during the quarantine period despite the employer knowing that the person had Covid-19 symptoms. The case is Brown v. Roanoke Rehabilitation and Healthcare Center, here, decided by the
What do You Have to Show for Regarded As Claims and the Transitory and Minor Exception
Today’s blog entry deals with two questions when it comes to regarded as claims. First, just what does a person have to show to qualify for a regarded as claim? Second, for the transitory and minor exception to apply, must that be a situation where the illness is both transitory AND minor? As we will
Covid-19 scenarios
Today’s blog entry is a bit something different. What I thought I would do is discuss several Covid-19 scenarios happening in the real world and see how they apply to the ADA.
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State of Connecticut’s Crackdown on Mask Exemptions
On August 12, 2020, the Hartford Courant reported that the governor of Connecticut
The ADA and the Coronavirus: The Key Concepts Edition
Coronavirus
Everything is about the coronavirus both in our personal lives and in our professional lives. You can find several excellent blog entries on the coronavirus from people in my blog roll, such as but not limited to Jon Hyman and Eric Meyer. I saw the other day that OSHA has weighed in as well.
Failure to Accommodate, Direct Evidence, and Adverse Action
Today’s blog entry is going to be my last substantive blog entry of the year. My daughter is on break the last two weeks of December, and just about everybody takes the Christmas season off anyway. The very last blog entry of the calendar year is when I traditionally do my top 10 Understanding the
Shell Reversed on Appeal
Before getting started on the blog entry of the week, I want to congratulate the Washington Nationals on their World Series victory where for the first time, a road team won every single game. Congratulations. I will be very curious to see whether the Washington nationals go to the White House. As everyone knows, a