It is shaping up to be a very interesting election year. In honor of the election theme, today is right after the Republican Nevada caucus with super Tuesday coming up next week, today’s case is a case out of the Fourth Circuit, National Federation of the Blind v. Lamone, which discusses whether the Maryland
February 2016
Remember that Law School Exam? Defenses Run Amok
For those who remember law school, the typical law school exam was a completely crazy hypothetical with thousands of issues in it. The idea was to spot all the issues and somehow mention that you knew how to deal with them within the allotted timeframe. I was reminded of that experience when I read National…
Does § 504 Apply to Independent Contractors?
Previously, I have discussed here whether § 504 applies to employment. Today’s case, Flynn v. Distinctive Home Care, Inc. (you can find my blog entry discussing the District Court opinion here), takes it even further. Today’s case, explores whether § 504, assuming it applies to employment, applies to independent contractors. As is my usual…
Proposed Enforcement Guidance on Retaliation and Related Issues from the EEOC: the ADA Version
My most popular blog entry of 2015 by far was this one. Recently, January 21, 2016, the EEOC issued a proposed enforcement guidance on retaliation and related issues. They put it out for public comment for a period of 30 days. It is intended to provide the public with information about how the EEOC…