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
retaliation
Interactive Process and Essential Functions of the Job
By William Goren on
Posted in General
Today’s case is a twofer. That is, we are going to talk about two different cases, both dealing with the interactive process and essential functions of the job. The first case is an unpublished decision from the 11th Circuit, Kassa v. Synovus Financial Corporation, decided February 3, 2020. The second case is Seward…
2019 Understanding the ADA Blog Greatest Hits
By William Goren on
Posted in General
It is time for my annual greatest hits blog entries of the year. Before getting to the greatest hits blog entries of the year, a few blog entries are so important that they make it every year regardless of where they fit in the greatest rankings. Those blog entries are: ADA compliance in higher education,…
Failure to Accommodate, Direct Evidence, and Adverse Action
By William Goren on
Posted in General
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…
Obesity as a Disability and the Case of a Legislator with a Disability Unable to do His Job
By William Goren on
Posted in General
Today’s blog entry is a two-for-one. First off, with respect to being late this week, my daughter started her second year of high school today. So, this week was her last week of summer break, and as you can imagine, things were pretty hectic around here. But, we are now back to the school routine.…
Qualified Otherwise Qualified Means Factoring in Reasonable Accommodations
By William Goren on
Posted in General
Today’s blog entry returns us back to the world of employment law. One of the things that drives me crazy is that people, including judges, sometimes forget whether a person is qualified to do a particular job means assessing whether the individual can perform the essential functions of the job WITH or without reasonable accommodations.…
Understanding the ADA Greatest Hits of 2018
By William Goren on
Posted in General
As promised, this week I am putting up the 2018 understanding the ADA greatest hits blog entry. It was a great year for the blog making the ABA 100 for the fifth year in a row. Simply wouldn’t do this and couldn’t do this without the great readers here. The only thing I will say…
What Not to do With Respect to Pre-employment Disability Related Inquiries and Retaliation
By William Goren on
Posted in General
Here in Atlanta, we have finally moved into fall weather. That means temperatures in the afternoons in the upper 60s and low 70s and temperatures in the evenings and mornings in the 50s. The 20 to 30° range of temperature that Atlanta gets in the winter and in the fall took some getting used to.…
2017 Understanding the ADA Greatest Hits
It is time for the top 10 plus three of 2017. For the most part, the greatest hits, but not of all of their order of popularity stayed the same from 2016 to 2017, except for one entry (negligence per se dropped out of the top 10 and was replaced by the history of ADA…
Sovereign Immunity and Title II and III of ADA: This Case Should be Appealed
By William Goren on
Today’s case, Glueck v. National Conference of Bar Examiners illustrates the perils of proceeding pro se. The case is certainly worth appealing to the Fifth Circuit. However, the plaintiff is now proceeding with a constitutional challenge to various statutes, which I don’t think will go anywhere. At any rate, the case bears discussing and it…