I always assumed that a dog satisfying the definitions of a service animal under the DOJ final regulations for title II and title III of the ADA would have to be automatically allowed by an employer where the employee has a service dog satisfying that definition. At least in the Eighth Circuit, that isn’t the
Wilson v. Sec. of Veterans Affairs
Important Pointers About Reasonable Accommodations
Today’s blog entry explores an unpublished decision from the Sixth Circuit on April 29, 2024, that discusses some important points regarding reasonable accommodations. The case is Yanick v. The Kroger Company of Michigan, here. As usual, the blog entry is divided into categories, and they are: facts; what is sufficient notice from an employee…
Court Says Reasonable Accommodation Request Must Relate to Essential Job Functions, But Did it Really Have to Draw That Conclusion?
Today’s blog entry is one of those situations where I read a case and asked myself whether the court could have gotten to the same place more elegantly than the way it did. The case of the day is Bruno v. Chasity Wells-Armstrong, here, decided by the Seventh Circuit on February 23, 2024. As…
Why the Distinction Between Deaf and deaf Matters: EEOC Guidance on Hearing Disabilities in the Workplace and the ADA
Sometimes you have a blog entry all ready to go in your mind. You are even rehearsing the outline of it in your mind. However, something then intervenes and you feel compelled to blog about something else. This is exactly what happened to me for the blog entry of this week. I had been outlining…
Preventive Law Demands Accommodating the Disability and not the Essential Functions of the Job
An emerging issue is whether when it comes to accommodating a person with a disability in an employment situation, are you accommodating the disability or are you accommodating the essential functions of the job. The easy scenario where that matters is when dealing with an employee with a service dog. Recently, Hobby Lobby was sued…