I know I said that last week’s blog entry would be my last substantive blog entry of the year, but events can always happen to change my mind. Recently, the 11th Circuit came down with a published decision on December 7, 2016, in EEOC v. St. Joseph’s Hospital, Inc. , which has several issues
title I
EEOC Conciliation And Investigation Obligations Post Mach Mining
By William Goren on
With the holidays rapidly approaching and my daughter and going on holiday break on the 19th, I am thinking that this might be my last substantive entry of the year. Next week’s entry is going to be on the greatest hits of 2016 for Understanding the ADA. Before moving onto the blog entry…
A Donald Trump Administration and the Rights of Persons with Disabilities
Before moving on to the post of the week, you will notice that the blog has a new look and feel. I upgraded the blog so that it is better able to be used on mobile devices and more importantly the upgrade increases its ability to be accessible. Besides the look, you will see that…
Just What Does Qualified/Otherwise Qualified Mean Anyway?
By William Goren on
Today‘s blog entry comes from the Sixth Circuit and it reminds us of the following: 1) job descriptions must be kept current; 2) essential functions of the job must reflect the reality of how the job is performed; 3) whether a person is a qualified person with a disability under the ADA depends upon whether…
Service Dogs And Emotional Support Animals with Respect to Title I of the ADA (Employment)
By William Goren on
Posted in ADA, Federal Cases, Final Federal Regulations, Rehabilitation Act, State Cases, Title I, Title II, Title III
Before getting started on the blog entry of the day, I would be remiss if I didn’t note that the Cubs are back in it! Winning two games against a very tough Cleveland team in Cleveland with a likely Hall of Fame manager is going to be very tough. Go Cubs!
Last week, a person…
When It Comes To Handling Reasonable Accommodation Requests, Preventive Law Is the Whole Ballgame
By William Goren on
As you are aware, I missed a blog entry last week. I do have an explanation. At the beginning of the week, I was faced with a deadline for getting a complaint out. No, I don’t usually draft one myself, but this was an extraordinary situation. At the end of the week I had a…
Does the Department Of Justice Have Standing to Sue or Intervene to Enforce Title II of the ADA
By William Goren on
Posted in ADA, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title I, Title II, Title III, Title V
Before we get started on the blog entry of the day, a couple of housekeeping matters are in order. First, you may be wondering why my website/blog site and my professional email went down last week. The company that was hosting my website was bought out by another company, and there were some mechanical things…
McDonell Douglas Dead or Alive?
By William Goren on
As everyone knows, I keep a list of my favorite blogs in my blogroll section. One of those blogs on the list is Jonathan Hyman’s Ohio Employer’s Law Blog, An ABA Blawg 100 Hall of Fame Blog. I highly recommend it. Jon has a very unusual perspective on labor and employment law. In a recent…
EEOC Guidance on Employer-Provided Leave and the ADA
By William Goren on
First off, I want to thank everyone who voted for me for the 2016 ABA blog 100. It has been two years in a row for Understanding the ADA, and I am keeping my fingers crossed for a third. Thanks again everyone!
Turning to the topic of the week, about a week or so ago…
ABA Legal Blawg 100, Essential Function, Direct Threat, Interactive Process, and Reassignment
By William Goren on
Before moving on to today’s case, the nominations for the 2016 ABA legal blawgs 100 are now open. The nomination form can be found here. The deadline is August 7, which is this Sunday. It has been a distinct honor and privilege to be a member of this distinguished group for the last two…