I always assumed that a dog satisfying the definitions of a service animal under the DOJ final regulations for title II and title III of the ADA would have to be automatically allowed by an employer where the employee has a service dog satisfying that definition. At least in the Eighth Circuit, that isn’t the
Hopman v. Union Pacific: Railroad: Much More to This Case than Meets the Eye
Today’s blog entry deals with a case that got quite a bit of publicity from labor and employment attorneys on LinkedIn when it came out. I promised then that I would blog on it. So, here goes. The case of the day is Hopman v. Union Pacific Railroad out of the Western Division of the
Can an ADA Covered Entity Require Certification or Professional Training of a Service Animal?
Before we get started on the blog of the week, I hope everybody had a happy Easter and a successful Passover. Also, there should be a really good men’s basketball game tonight. There was a really good women’s basketball game yesterday. I am assuming
ADA’s Title I, Covid-19, and 21 Questions
First, congratulations to the Tampa Bay Buccaneers for winning the Super Bowl Sunday. What an amazing record Tom Brady has developed over the years. Between the Rays, the Lightning, and the Buccaneers, Tampa Bay has become quite the sports town.
Turning to the blog entry of the day, last week I attended a webinar
Animals on Planes: DOT Final Rule
Miniature horse
yes to non-federal governmental entities; yes to places of public accommodations; but not on planes.
Previously, the Department of Transportation came out with proposed regulations on service animals, here121230180118219189696969197.
Interactive Process and Essential Functions of the Job
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 The first case is an unpublished decision from the 11th Circuit, Kassa v. Synovus Financial Corporation, decided February 3, 2020.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
Animals in Housing: The New HUD Circular
Too big, So, no.
Yes
Not common household animal; must show, “substantial burden.” So, who knows.
Yes as this is a gerbil (Photo by Jared Belson, https://pestpush.com ).
Yes
Last week, I had the privilege of attending and speaking at the Accessibility Professionals Association conference in Round Rock, Texas. I learned a lot at
Animals on Planes? DOT’s Proposed Service Animal Regulations
Are Plasma Centers Places of Public Accommodations?
Previously, we have discussed here and here whether a plasma center is a place of public accommodation under title III. That discussion shows there is already a split in the Circuit Courts on the issue. On August 30, 2019, the Third Circuit weighed in on this in Matheis v. CSL Plasma Inc., A published
DOT Final Statement of Enforcement Priorities Regarding Service Animals
Last week, I had the opportunity to attend the Olmstead at 20 conference held at Georgia State law school here in Atlanta Georgia. Hats off to Susan Goico who led the organization of the conference. It brought together leading