Today’s blog entry comes from a connection to mine on LinkedIn, Janette Levey Frisch, an employment lawyer in the New York City area (East Brunswick, New Jersey), blogging at EmpLaWyerologist, http://theemplawyerologist.com/. The case is Fisher v. Nissan North America, Inc., a published decision from the Sixth Circuit decided on February 27, 2020, which
summary judgment
ADA Pleading Tips
Happy new year everybody. Hope everybody enjoyed their holiday and is now raring to get back to work. Just to give everybody a heads up, the week of January 28 and February 3 may not see a blog entry for me at all. During those two weeks, I will be testifying in two different trials…
Title III Religious Exemption Affirmative Defense
I promised Jon Hyman of the Ohio Employer’s Law Blog that I would hold down the fort with respect to blogging while he and his family jetted off to Italy for vacation. So, here goes. Today’s case, Reed v. Columbia St. Mary’s Hospital, comes out of the Seventh Circuit, and was decided on February…
Medical Exams, Direct Threat, and Qualified and How All Three Concepts Work Together
I hope everyone had fun with the Super Bowl yesterday. It was the lowest scoring Super Bowl by five points in the history of all Super Bowl’s. It beat the record set by the Miami Dolphins when they beat the Washington Redskins in 1972 to go undefeated. What is particularly mind-boggling is that the rules…
What’s a Nexus Anyway?
As I have mentioned before, I am not afraid to blog on cases discussed by fellow bloggers. Recently, Richard Hunt, whose blog appears on my blog roll, discussed a whole bunch of cases. Many of those cases I have put in my to blog pipeline, and two of which are the subject of today’s blog.…
Distilling Essential Functions of the Job to its Basics
In all the years I have been blogging, the number of times I have blogged more than once a week is about three I believe. So, why am I making an exception now? Well, my next few weeks are going to be really weird. My daughter comes home from camp on Monday after four weeks.…
ADA and the High School Athletic Association
Before starting the blog for this week, a couple of preliminary matters. First, about a month ago, I hit 300 blog posts. I simply could not do it without the loyal readership of the people here. Thank you! Also, my last blog entry dealing with animals on planes really took off. The Texas Bar informed…
ABA 100 and Fundamental Alteration Defense in Academia
I hope everyone had a happy Thanksgiving.
Before getting started on our blog of the week, I first want to pass on some great news about the blog. Thanks to our very generous readers, my blog made the ABA 100 once again. It is the fourth year in a row for us. I simply could…
Telecommuting as a reasonable accommodation: EEOC v. Ford Motor Company en banc Decision
In a comment to this blog entry, I discussed the panel decision of the Sixth Circuit in EEOC v. Ford Motor Company where the panel held that telecommuting was a reasonable accommodation. Before proceeding further, I want to thank Jon Hyman for alerting me through his blog that the en banc decision came down…
Since ADA is a nondelegable duty, does that mean indemnity is dead?
In a previous blog post, I wrote about a case involving a major resort in Las Vegas Nevada that hired somebody to help ensure that its resort modifications were in compliance with the Americans with Disabilities Act. When it turned out that those modifications were not in accordance with the ADA and the resort…