The blog entry for this week is a follow-up on the blog entry from last week. Last week, I discussed job relatedness and business necessity. This week we discuss medical related inquiries and disability related inquiries in two different cases. One from the Northern District of Texas and the other from the Fourth Circuit.
This is just outrageous!* People shouldn’t say these things, such as:**
- “I’m not going to change anything with respect to IEP’s. After all, appropriate progress means anything you want it to mean.”
- “Since I don’t want your money, I can do what I want.”
- “A cool website is more important than an accessible website.
When the ADA first was enacted back in 1990 and went into effect in 1992, the Internet was just getting started. Back then, it was pretty obvious to everyone that an essential function of the job must mean showing up for it. Since then, technology has evolved quite a bit so now many people can…
Person works for a company of over fifteen employees, develops a disability, and is terminated from her position because of that disability. She then files for SSDI. She then brings suit under the ADA for failure of the employer to reasonably accommodate her disability.
In these type of situations, the employer will invariably defend using…