When is a disability not a disability? When an employer fires a difficult employee based on his inability to get along with his co-workers, his ADHD diagnosis notwithstanding, at least according to the 9th Circuit in Weaving v. City of Hillsboro (8/15...
Is Your Website Accessible to the Disabled?
A new wave of ADA website lawsuits is anticipated to be filed in federal district courts around the United States against retailers, banks, hospitals, universities and all other places of public accommodation...
On Monday, it was public urination .
Yesterday, we had indecent proposals .
And today, the blogging gods, in which I hold a sincerely-held belief, serve me up this federal court opinion about an alcoholic named David Crosby -- not that David Crosby...
Hey, that blog title looks familiar. Oh yeah! I wrote
about it here back
This time around, another federal court, the Tenth
Circuit Court of Appeals, has reaffirmed that while a "leave of absence
may be a reasonable accommodation...
Not literally in the sun. Only Superman could do that. Or maybe some of those X-Men. Well, you get the idea.
The lede, up to the word “sun.”
Yesterday, I read this federal court opinion about an employee who was hired to work outdoors...
My cold, black employment-law heart is numb to just about anything.
I remember this one time, early in my career, when I had to depose a teenage female plaintiff and ask her, with her mother present in the room, whether it offended her that her alleged...
You likely know that the ADA protects employees from discrimination “because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.” But did you know that the ADA has three...
The final regulations and
accompanying interpretive guidance implementing the Americans with Disabilities
Act Amendments Act (ADAAA) were issued today by the Equal Employment
by the EEOC , the ADAAA:
The Equal Employment Opportunity Commission has issued
regulations implementing the Americans with Disabilities Act Amendments Act
(referred to as the ADAAA or the Amendments Act), providing further
interpretive guidance for the statutory amendments...
Eugene Stansberry, who sued his former employer for disability discrimination, is not disabled. His wife, however, is, suffering from Polyarteritis Nodosa , a rare and debilitating autoimmune disorder. Stansberry sued Air Wisconsin Airlines under the...
USC recently fired its head football coach for allegedly missing practice, only to show up later to a special teams meeting drunk. Sometimes current events serve as good reminders of employment law issues. Let's quickly review alcoholism and the ADA...
The Equal Employment Opportunity Commission is going to get a jury trial against Walgreens in a disability discrimination case that turns on (allegedly) pilfered potato chips [ an enhanced version of this opinion is available to lexis.com subscribers...
This is my son's first year playing t-ball. The rules, in case you're not familiar with them, are simple:
• Everybody hits
• Everybody (eventually) rounds the bases
• Everybody scores
Some games, my son wants to...
Last Friday, I had the pleasure of speaking at the National Employment Lawyers Association - New Jersey Annual Conference.
I must admit that I was a bit leery. While it sounded legitimate enough -- they asked me to speak on a panel addressing accommodation...
I feel as if all I ever do these days is write about the Americans with Disabilities Act, but what else can I do? In the last six weeks, the Equal Employment Opportunity Commission has filed 21 lawsuits -- count em, 21! -- against employers alleging disability...