Before getting started on the blog of the week, I want to express my condolences to the Bush family on the passing of George H.W. Bush. He signed the Americans With Disabilities Act on June 26 of 1990. His son also has a powerful legacy in that regards as he signed the ADAAA. Simply put,
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What is a Service Establishment and the IRS 20 Factor Test
Before getting started on the blog of the week, would be hard to not mention what happened in Pittsburgh. At our synagogue over the weekend during family minyan, which is a small service that takes place before people go to community/Hebrew/religious school (I am never sure what to call it), we said mourners Kaddish and…
What Not to do With Respect to Pre-employment Disability Related Inquiries and Retaliation
Here in Atlanta, we have finally moved into fall weather. That means temperatures in the afternoons in the upper 60s and low 70s and temperatures in the evenings and mornings in the 50s. The 20 to 30° range of temperature that Atlanta gets in the winter and in the fall took some getting used to.…
Issues Relating to Medical Exams
I did not blog last week, but I have a good excuse. Last week, was the Jewish day of atonement, Yom Kippur, and my daughter was also on fall break. For those who were celebrating last week, I hope your holidays went well. My daughter is now back in school, and so I am ready…
Judge Kavanaugh and Persons with Disabilities
Before getting started on the blog entry of the week, next week is the Jewish new year. I want to take the opportunity to wish all of my Jewish brethren a happy and healthy new year for them and their families. It also means that no one should be surprise if the blog entry for…
Applicability of DOJ Service Dog Regulations to Rehabilitation Act Cases
Today’s blog entry deals with the question of whether the DOJ final regulations on service dogs are applicable to a case arising under the Rehabilitation Act and not the ADA. The case is Berardelli v. Allied Services Institute of Rehabilitation Medicine, a published decision from the Third Circuit decided August 14, 2018. As usual,…
If You Don’t Have ADA Anti-discrimination Policies, You are Strongly Encouraged to put them in Place
I know I am late with a blog entry for this week, but I have a good excuse. Here in Atlanta, school starts August 1, and I have been dealing with some of those issues. Also, I had an expert witness report due yesterday and that consumed all the oxygen in the room. At any…
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.…
Just where are ESA and service animals allowed on college and university campuses? The true false Analysis
I am a little bit late with an entry this week. However, I have a good excuse. My 14-year-old daughter went off to overnight camp for the first time. She will be gone 4 weeks! That leaves my wife and I empty nesters. This is going to take some getting used to.
The blog entry…
Regarded As: What Not to Do
Hope everyone had a great Mother’s Day.
Today’s blog entry is a case that I’ve had in my pipeline for quite a long time. I actually know the plaintiff’s attorney on the case, Cheryl Lagare of Lagare, Attwood & Wolfe. We have spoken a few times, and she is a fabulous CLE speaker. When this…