Understanding the ADA

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Today’s blog entry is a topic that I have never discussed before. Since December 2011, my records show that I have put up 408 blog entries. In not one of them, have I discussed today’s entry. Today’s entry discusses the doctrine of after-acquired evidence and how it works with title I and logically, to a lesser extent, title II as well. As usual the blog entry is divided into categories and they are: just what is the after-acquired evidence doctrine; Anthony introduction/facts; court’s reasoning; and thoughts/takeaways. Of course, the reader is free to concentrate on any or all of the
Continue Reading After Acquired Evidence and the ADA

On April 9, 2020, the EEOC updated its March 17, 2020, what you should know about Covid-19 and the ADA, Rehabilitation Act, and other EEO laws document. I thought it would be a good idea to list the additions below and then discuss a bit. I’m only focusing on the additions since I covered the other stuff previously here. The categories A-E and the information in those categories are verbatim from the EEOC publication, which can be found here. The very last paragraph in each category contains my thoughts. At the end of §E, I have additional thoughts. Why
Continue Reading EEOC and Covid-19 Part II

Up until about this morning, I had no idea what I was going to blog on this week. I was thinking I was going to blog on a case in my pipeline that is a tour de force with respect to associational discrimination. However, when I started checking my email, I saw in my law 360 alert that the United States Supreme Court came down with Babb v. Wilkie, which can be found here. The issue before the court was whether but for causation applied to federal employees bringing ADEA claims. In an 8-1 decision (Justice Sotomayor joined by
Continue Reading Expect Every ADA Case in Litigation to Litigate Causation

This week’s blog entry is an update on a previous blog entry and a discussion of the recent Supreme Court decision in Comcast, which involves the causation standard for §1981. Of course, what we are interested in is whether Comcast necessarily means the Supreme Court will decide but for causation is the standard for ADA matters outside of the retaliation and association discrimination contexts. I am already seeing the defense bar using this case in their briefs to say such is the case. Suffice to say, I don’t agree, and we will explore why that is the case below.

With
Continue Reading Just Because §1981 Causation is But For Causation, that Does NOT mean ADA causation is But For

Don’t do this with disability related inquiries and medical exams.

Today’s blog entry is one of those situations where I spent some of my morning determining what I was going to blog on. Then, late breaking news intervened, and so I had to change it up. My original plan was to blog on a case I discussed in last week’s blog entry, which can be found here and dealt with associational discrimination. However, thanks to my colleague in the Deaf and Hard of Hearing Bar Association, Mark Sororkin, Esq., I found out that the EEOC just put out two days
Continue Reading The EEOC and Coronavirus

Don’t do this with disability related inquiries and medical exams.

Today’s blog entry is one of those situations where I spent some of my morning determining what I was going to blog on. Then, late breaking news intervened, and so I had to change it up. My original plan was to blog on a case I discussed in last week’s blog entry, which can be found here and dealt with associational discrimination. However, thanks to my colleague in the Deaf and Hard of Hearing Bar Association, Mark Sororkin, Esq., I found out that the EEOC just put out two days
Continue Reading The EEOC and Coronavirus

March 17, 2020 by Leave a Comment

Coronavirus

Everything is about the coronavirus both in our personal lives and in our professional lives. You can find several excellent blog entries on the coronavirus from people in my blog roll, such as but not limited to Jon Hyman and Eric Meyer. I saw the other day that OSHA has weighed in as well. There is legislation currently pending in Congress that would offer relief to people who come down with the virus and work for employers of less than 500 people. The coronavirus has become such a big part
Continue Reading The ADA and the Coronavirus: The Key Concepts Edition

March 17, 2020 by Leave a Comment

Coronavirus
Everything is about the coronavirus both in our personal lives and in our professional lives. You can find several excellent blog entries on the coronavirus from people in my blog roll, such as but not limited to Jon Hyman and Eric Meyer. I saw the other day that OSHA has weighed in as well. There is legislation currently pending in Congress that would offer relief to people who come down with the virus and work for employers of less than 500 people. The coronavirus has become such a big part
Continue Reading The ADA and the Coronavirus: The Key Concepts Edition

Today’s blog entry comes from a connection to mine on LinkedIn, Janette Levey Frisch, an employment lawyer in the New York City area (East Brunswick, New Jersey), blogging at EmpLaWyerologist, http://theemplawyerologist.com/. The case is Fisher v. Nissan North America, Inc., a published decision from the Sixth Circuit decided on February 27, 2020, which can be found here. The case explores the issues of interactive process, direct and indirect evidence, and reassignment. As usual, the blog entry is divided into categories and they are: facts; court’s reasoning; and thoughts/takeaways. Of course, the reader is free to focus on any
Continue Reading Failure to Accommodate, Direct Evidence, and the Interactive Process

Today’s blog entry comes from a connection to mine on LinkedIn, Janette Levey Frisch, an employment lawyer in the New York City area (East Brunswick, New Jersey), blogging at EmpLaWyerologist, http://theemplawyerologist.com/. The case is Fisher v. Nissan North America, Inc., a published decision from the Sixth Circuit decided on February 27, 2020, which can be found here. The case explores the issues of interactive process, direct and indirect evidence, and reassignment. As usual, the blog entry is divided into categories and they are: facts; court’s reasoning; and thoughts/takeaways. Of course, the reader is free to focus on any
Continue Reading Failure to Accommodate, Direct Evidence, and the Interactive Process

I missed a blog entry last week. However, I had a good excuse. I had pressing client matters at the beginning of the week. In the middle of the week, my parents came in to visit. So, not a lot of available time. I’m back though.
 
Previously, I have blogged, here, on the District Court decision involving a Deaf plaintiff going after the State of Florida because the State of Florida’s live streaming did not have closed captioning. In particular, the Florida Senate and the Florida House have websites providing live streaming of proceedings as well as archived
Continue Reading Sovereign Immunity and Legislative Streaming at the 11th Circuit

I missed a blog entry last week. However, I had a good excuse. I had pressing client matters at the beginning of the week. In the middle of the week, my parents came in to visit. So, not a lot of available time. I’m back though.
 
Previously, I have blogged, here, on the District Court decision involving a Deaf plaintiff going after the State of Florida because the State of Florida’s live streaming did not have closed captioning. In particular, the Florida Senate and the Florida House have websites providing live streaming of proceedings as well as archived
Continue Reading Sovereign Immunity and Legislative Streaming at the 11th Circuit

February 18, 2020 by Leave a Comment

The idea for today’s blog entry comes to me from Richard Hunt. I recently saw an article talking about Internet accessibility that was full of errors. I sent it along to Richard. I originally wondered if we shouldn’t send a letter to the person who wrote it detailing all the errors. However, we decided that it just wouldn’t be worth our time. Richard gave me the idea that it might make for an interesting blog on common misperceptions of Internet accessibility compliance. I thought that was a great idea. Also, my
Continue Reading Common Misperceptions About Internet Accessibility and ADA Compliance

February 18, 2020 by Leave a Comment

The idea for today’s blog entry comes to me from Richard Hunt. I recently saw an article talking about Internet accessibility that was full of errors. I sent it along to Richard. I originally wondered if we shouldn’t send a letter to the person who wrote it detailing all the errors. However, we decided that it just wouldn’t be worth our time. Richard gave me the idea that it might make for an interesting blog on common misperceptions of Internet accessibility compliance. I thought that was a great idea. Also, my
Continue Reading Common Misperceptions About Internet Accessibility and ADA Compliance

Today’s case is a twofer. That is, we are going to talk about two different cases, both dealing with the interactive process and essential functions of the job. The first case is an unpublished decision from the 11th Circuit, Kassa v. Synovus Financial Corporation, decided February 3, 2020. The second case is Seward v. Roy City decided by the United States District Court for the District of Utah on January 22, 2020. As usual, the blog entry is divided into categories and they are: Kassa facts; Kassa court’s reasoning; Seward facts; Seward court’s reasoning; and thoughts/takeaways on both cases.
Continue Reading Interactive Process and Essential Functions of the Job

Today’s case is a twofer. That is, we are going to talk about two different cases, both dealing with the interactive process and essential functions of the job. The first case is an unpublished decision from the 11th Circuit, Kassa v. Synovus Financial Corporation, decided February 3, 2020. The second case is Seward v. Roy City decided by the United States District Court for the District of Utah on January 22, 2020. As usual, the blog entry is divided into categories and they are: Kassa facts; Kassa court’s reasoning; Seward facts; Seward court’s reasoning; and thoughts/takeaways on both cases.
Continue Reading Interactive Process and Essential Functions of the Job