In a comment to a prior blog post, I mentioned a case, Gipson v. Popeye’s Chicken and Biscuits, where a court, the Northern District of Georgia, found no ADA liability when a police officer not knowing the ADA, told a person who otherwise had a right to be in a restaurant with his service
Western district of Pennsylvania
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…
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…