Hope everyone had a happy Easter and, as in my case, a happy start to the Passover holiday. Today’s blog entry come from one of the blogs that is in my blog roll, Wait a Second. The case is Natofsky v. The City of New York decided on April 18, 2019 out of the Second
Do’s and Don’ts of the Interactive Process
My daughter is on break this week, and next week is going to be a little hectic. So, I had a moment to do a blog entry that is quite personal to me, but I think it’s very important for everyone. As everyone knows, I am deaf and function entirely in the hearing world with
Dog in Apartments, Hostile Work Environment and the ADA, and Scared of Needles
Today’s blog entry is a triple play. In the first, we will go over an advice column and discuss what they got wrong and what they got right. In the second and third situation, we will briefly discuss two cases that came down from the Second Circuit recently: dealing with hostile environment under the ADA
Qualified Otherwise Qualified Means Factoring in Reasonable Accommodations
Today’s blog entry returns us back to the world of employment law. One of the things that drives me crazy is that people, including judges, sometimes forget whether a person is qualified to do a particular job means assessing whether the individual can perform the essential functions of the job WITH or without reasonable accommodations.
Egregious Fitness for Duty Policy Leads to Class Action Certification
Before getting started on our blog entry for the week, I want to let everyone know that next week my daughter’s school has a break, and we are off to Universal Orlando for the week. We are all big Harry Potter fans. So, with Monday being a holiday and my daughter being off with some
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
Title III of the ADA Applies to Internship and Externship Sites
Before proceeding with today’s blog entry, I do want to express my wishes that everyone be safe with the terribly cold weather around the country today. My native city of Chicago is brutally cold today. Be safe and stay warm!
Previously, I have talked about internship and externship sites being subject to the ADA here
Ministerial Exception
One of the more fascinating areas of law, is the issue arising when a parochial school claims that an educator is a minister. We discussed that issue way back in 2012 in this blog entry. While the Supreme Court there said that a minister was involved, it couldn’t figure out the standard to use.
Understanding the ADA Greatest Hits of 2018
As promised, this week I am putting up the 2018 understanding the ADA greatest hits blog entry. It was a great year for the blog making the ABA 100 for the fifth year in a row. Simply wouldn’t do this and couldn’t do this without the great readers here. The only thing I will say
Does a Failure to Accommodate Claim Require an Adverse Action?
Today’s blog entry will be the last substantive blog entry of the year. Next week, is the annual Understanding the ADA greatest hits for 2018. This week’s case deals with the question of what happens when you have both a failure to accommodate and a lack of adverse action. Is the plaintiff out of luck?