The ABA Journal is, again, seeking nominations for its list of the 100 best legal blawgs, the “Blawg 100.” The nomination process is simple. Go here and answer a few simple questions touting your favorite blawgs. In addition to this one, there are many good blogs out there. For example, the ones that I use
title I
A huge victory for ADA plaintiff employment lawyers AND a huge victory for ADA defense lawyers:
By William Goren on
Today, the United States Supreme Court issued its decision in University of Texas Southwestern Medical Center v. Nassar. In that decision, the United States Supreme Court in a 5-4 ruling with Justice Kennedy being the swing vote, held that mixed motive is dead with respect to retaliation claims under title VII of the Civil…
Legal narcotics and the ADA
By William Goren on
In a previous blog, we talked about marijuana and the ADA. What about narcotics that are prescribed by a physician subsequent to a surgery? Would it be a reasonable accommodation to allow the plaintiff to return to work while using narcotic medications? It’s a justiciable question given the facts it had before it says…
Recent EEOC guidances and a recent fact sheet
By William Goren on
It has been a little while since we talked about employment law here. Now, it is time to get back to it. Recently the EEOC issued four guidances on four different disabilities, diabetes, intellectual disability, cancer, and epilepsy. They also issued a fact sheet on the mental health provider’s role in…
Class-action and persons with disabilities R.I.P.?
By William Goren on
Here’s a fact. No two disabilities even the same ones are the same. Accordingly, it makes perfect sense that the ADA requires an individual analysis throughout. Further, under both title I and title II of the Americans With Disabilities Act, in addition to having a disability, the person must be qualified. That is, capable of…
ADA and the Applicable Statute of Limitations
By William Goren on
The whole idea of the statute of limitations is to prevent stale claims. Just about everything has a statute of limitations (the only two exceptions that I can think of our claims arising under USERRA and capital murder claims). The ADA does have statute of limitations to deal with, though it is not stated in…
McDonnell-Douglass and the ADA; An Imperfect fit
By William Goren on
In employment discrimination cases, there are two kinds of cases (those involving direct evidence and those involving indirect evidence). Direct evidence cases are the proverbial smoking gun. That is, the plaintiff has explicit evidence that discrimination occurred. However, in most situations, it is difficult if not impossible to find direct evidence, rather things taken together…
Before doing a postemployment medical exam, do you need reasonable suspicion, probable cause, good cause, none of the above?
By William Goren on
Posted in Federal Cases, Title I
The ADA requires that an entity subject to the act cannot require a medical examination and cannot make inquiries of an employee as to whether that employee is an individual with a disability or as to the nature of the severity of the employee’s disability unless that examination or inquiry is job-related and consistent with…
What do you have to show to get damages under title II of the ADA?
By William Goren on
With respect to title II of the ADA, and title I for that matter as well, the only way you can get damages is to show intentional discrimination. With respect to suing a governmental entity for violations of title II, what exactly is it that you have to show to get damages? A recent Rehabilitation…
Title II, employment, and essential eligibility requirements
By William Goren on
Before we get started on the blog entry, I want to thank everyone for their readership. This week, we should surpass the 1000 visitor mark. Also, we have now surpassed the 10,000 view mark. Thanks!!!!!!!!!!!
This blog entry explores whether title II of the ADA applies to employment issues, and how do you go about…