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I am back to my Monday postings. In my latest article, just published by the ABA GPSolo magazine, I discussed the legal parameters that an employer is faced with when it comes to dealing with an employee addicted to the Internet. This week’s case continues that line of thought, albeit with respect to alcohol…

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Sometimes a case can have a huge impact on the ADA universe even though it is not an ADA case at all. Gross v. FBL Financial Services 557 U.S. 167 (2009) is one such case and today’s case is another. As is my usual practice, the blog entry has been divided into several…

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Introduction

Let’s say that you have a client that is an independent contractor. The following day after disclosing that he or she has a disability, the independent contractor relationship is terminated. Where does this person turn for a remedy?

The first possibility is to show that the client was not an independent contractor at…

Previously, I have written on whether you can get compensatory and punitive damages in ADA retaliation claims. That particular blog entry despite its title was restricted to title I claims of the ADA. That is, claims arising from employment. But what about title II claims of the ADA. That is, a retaliation claim arising from…

When it comes to drugs and alcohol, those addicted to drugs and alcohol are not treated the same way as persons with other disabilities. For example, an employer has the right to evaluate an alcoholic employee or an employee addicted to drugs as if the disability didn’t exist. 42 U.S.C. § 12114(c)(4); EEOC interpretive guidance…