Before getting started on the blog entry of the week, my daughter will be coming home for spring break this coming Friday. Her break is a week, so it may not be possible to do a blog entry next week. Also, good luck on your men and women in NCAA tourney brackets. Drake University men
Nix Redux and Can State Covid-19 Liability Laws Limit ADA Suits in Federal Courts
Next week, my daughter is on break and will be making college trips with each of her parents to different parts of the country. Then, all of us will meet up to see both sides of the family at the end of the week. So, I am hoping that I can get a blog entry
CDC Mask Guidance and EEOC Guidances Dealing with Opioids
Today’s blog entry discusses the recent guidance from the CDC on consideration for wearing masks updated on August 7, 2020. It also discusses two different recent guidances from the EEOC on opioids. My thanks to Eric Meyer for pointing out the CDC guidance. He has an entry on it in his blog, here. The
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.
Lewis v. Union City Yet Again
Anybody Remember Sean Elliott?
I have long been interested in the ADA and how it applies to sports. In the very first edition of my book in 2000, I talked about the hypothetical of what would happen if Sean Elliott, who underwent a kidney transplant from his brother in 1999, was given grief when he returned to professional basketball.
Regardless of ADA Title, Never Forget About the Individualized Inquiry and the Interactive Process
Hope everyone had a great holiday weekend, assuming you had a chance to have Martin Luther King Day off. Today’s case, United States v. Asare is a decision that came down on December 20, 2017, from the Southern District of New York. The lesson here is never forget about the interactive process and performing an
Is an Underlying Condition Required for Obesity Being Protected under the ADA?
The labor and employment blogosphere, see this excellent blog entry of Robin Shea and another excellent, and always provocative, blog entry from Richard Hunt for examples, have been talking about a recent case from the Eighth Circuit holding that obesity by itself is not a disability under the ADA. Normally, if a bunch of people
Direct Threat “Affirmative Defense”: Just What Is the Trier of Fact Supposed to Determine?
This week’s topic came to my attention from Don Davis of the Noble law firm. The question is just what is the trier of fact supposed to determine when it comes to the “affirmative defense,” of direct threat? As is my usual, the blog entry is divided into several categories: history of direct threat; facts;
The ADA and Bar Examiners: Uphill Climb for Wannabe Attorneys with MH
Does the Americans with Disabilities Act apply to bar examiners? If it were only that simple. Taking the approach with respect to entries that I’ve developed recently, part one discusses the facts of the case. Part two discusses the court’s reasoning and my responses. Finally, part three give the reader takeaways. The reader is free