This week’s blog entry explores how an employer might go about bulletproofing just what are the essential functions of a job. The case for the week is In the Matter of Rachael Smelyansky v. New York State Office of Gen. Services, here, decided by the State of New York’s Appellate Division on June 11,
summary judgment
Qualified/Otherwise Qualified and Failure to Accommodate: Lots of Easy to Understand Thoughts Emanating from the Eighth Circuit
By William Goren on
Before getting started on the blog entry of the week, I wanted to pass along that the Federal Bar Association has announced its award recipients for this year. I am quite honored to be the recipient of the Sarah T. Hughes Civil Rights Award (the history of that award can be found here). I…
Showing that Removal of Architectural Barriers is not Readily Achievable Doesn’t End the Analysis
By William Goren on
This week’s blog entry focuses on what happens if assuming for the sake of argument, renovations are not readily achievable at a place of public accommodation, whether that ends the analysis. The answer is no. The case also discusses just how the burden of proof works with respect to claiming that an accommodation is readily…
The Case for Why McDonnell Douglas as a Summary Judgment Tool Makes No Sense
By William Goren on
This week’s blog entry discusses Justice Thomas with Justice Gorsuch joining concurring opinion in Ames v. Ohio Department of Youth Services, here. By now, you most likely know that the opinion for the Court written by Justice Jackson, holds that a higher standard of proof is not in order if you are from a…
A Temporary Disability Can be a Protected ADA Disability and Other Stuff
By William Goren on
I hope everyone’s new year is off to a fabulous start. Congratulations to Ohio State for winning the NCAA FBS championship.
Today’s blog entry deals with whether a temporary disability can be a disability under the ADA. The answer is most certainly yes. There is also some other good stuff to cover as well…
Roadmap for Dealing With Failure to Accommodate Claims at Summary Judgment
By William Goren on
Today’s blog entry discusses a case, Tornabene v. City of Blackfoot, here, out of the United States District Court for the District of Idaho that is set for trial on February 24, 2025. The decision denying summary judgment on the disability discrimination claims came down on September 11, 2024. The case presents an excellent…
Convincing Mosaic as a Standard for Deciding Summary Judgment Motions Arrives
By William Goren on
Posted in 1983, 501, ADA, Federal Cases, Rehabilitation Act, State Cases, Title I, Title IV, Title IX, Title VI of Civil Rights Act, Title VII
I hope everyone is getting back into the swing of the new year. Next week, I will be visiting my daughter in between January term and second semester. I will be here Monday but leave Tuesday and back Friday. So, I am not sure of the timing of the blog entry for next week. This…
Supreme Court and Regulatory Developments and Can a Motion for Summary Judgment be Converted into a Motion to Dismiss
By William Goren on
I
Supreme Court Update and Regulatory Developments
Before getting started on the blog entry for the week, there was some bizarre developments in the case of Laufer v. Acheson Hotels, which we discussed two weeks in a row here. The developments are very well described by the Seyfarth Shaw firm in their blog,…
Failure to Accommodate, Direct Evidence, and the Interactive Process
By William Goren on
Posted in General
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…
ADA Pleading Tips
By William Goren on
Posted in General
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…