November 2012

Previously, I have written that, “the Americans with Disabilities Act requires that medical information obtained on an employee or prospective employee be kept confidential.” See Understanding the Americans with Disabilities Act, third edition at p. 40. However, in light of EEOC v. Thrivent Financial for Lutherans , _F.3d_, 2012 WL 5846208 (7th Cir. November 20,

Recently, I read a case out of the Western District of Pennsylvania which I found absolutely fascinating. In this particular case, the court dealt with three issues. First, does the plaintiff have a disability at all? Second, does “regarded as” even apply outside of the title I context? Finally, was the plaintiff a direct threat