• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar
  • Skip to footer

Understanding the ADA

The Blog of William D. Goren, J.D. LL.M. - Of Counsel, Kitchens New Cleghorn, LLC

  • Home
  • About William D. Goren, J.D., LL.M.
  • Kitchens New Cleghorn, LLC
  • Contact

Twombly

Judge Kavanaugh and Persons with Disabilities

September 5, 2018 by William Goren 4 Comments

Before getting started on the blog entry of the week, next week is the Jewish new year. I want to take the opportunity to wish all of my Jewish brethren a happy and healthy new year for them and their families. It also means that no one should be surprise if the blog entry for next week goes up on Wednesday since Monday and Tuesday are the Jewish new year.

As I write this, Judge Kavanaugh is appearing before the United States Senate. Previously, I wrote about how then Judge Gorsuch might deal with persons with disabilities on the Supreme Court, and I promised I would do the same for Judge Kavanaugh. So, I did a search for the cases involving the ADA and the Rehabilitation Act to see how he went about dealing with the rights of persons with disabilities. I also looked into Chevron and Auer deference as well. The blog entry will be divided into two categories. First, the cases and a brief description of what Judge Kavanaugh decided either by joining an opinion, concurring, or dissenting. Second, overall themes of his jurisprudence. I will say that unlike Judge Gorsuch I don’t see an overriding judicial philosophy from the opinions, though there are certain themes that emerge.

I

The Cases

  1. In Adams v. Rice, Judge Kavanaugh joined an opinion written by Judge Tatel with Judge Henderson dissenting reversing summary judgment for the United States Foreign Service. The case involved a candidate for the United States Foreign Service being discriminated against on the basis of her had breast cancer. There are several things that are interesting about the case. First, the majority opinion held that cancer in remission is not a physical impairment. Second, the majority held that sexual relations is a major life activity. Third, a person with cancer in remission does have a record of an impairment. Finally, the majority opinion held that the employer’s knowledge of a physical or mental impairment is sufficient to trigger ADA coverage. That is, to trigger the ADA the employer did not need to know just how the physical impairment substantially limited a major life activity to have ADA obligations.
  2. In Johnson v. Interstate Management Company, LLC, Judge Kavanaugh wrote the opinion where he said: 1) he was not going to find a cause of action if the authority for that was not explicitly laid out in the statute; and 2) the plaintiff did not produce enough evidence to overcome the legitimate nondiscriminatory reason offered by the employer for termination as part of the McDonnell-Douglas process.
  3. In Koch v. Cox, Judge Kavanaugh joined an opinion with Judge Ginsburg and Judge Brown holding an acknowledgment of depression is not the same as putting a person’s mental health at issue where no emotional distress claim existed. The issue in the case was whether to quash a subpoena for the plaintiff’s therapist records. Also, in that case the court noted that it did consider the motivation of the litigant in revoking his consent that his therapist record be disclosed. The court believed that the motivations were not nefarious.
  4. In United States Department of State v. Coombs, Judge Kavanaugh joined an opinion with Judge Garland and Judge Silberman writing in reversing the District Court’s award for summary judgment on behalf of the United States Department of State. The holding of the case was the Foreign Service Board needed to consider the Rehabilitation Act as it goes about its business and had not properly done so.
  5. In Baloch v. Kempthorne, Judge Kavanaugh wrote the majority opinion holding that the plaintiff could not show any adverse action. Also, the plaintiff did not present sufficient evidence to show the employer’s reason for termination was not discriminatory under the McDonnell-Douglas scheme.
  6. In Stuart v. St. Elizabeth’s Hospital, Judge Kavanaugh wrote an opinion holding that a request for reasonable accommodation must be clear before the employer has an obligation to engage in the interactive process. He was part of a per curiam opinion in Thompson v. Rice, holding the same thing as well.
  7. In Long v. Howard University, Judge Kavanaugh wrote the opinion for the court in a §504 case holding that the statute of limitation could begin to run at the time of the request made or at the time of the denial. For a blog entry on this subject, see this one.
  8. In Northeast Hospital Corporation v. Sibelius, Judge Kavanaugh filed a concurring opinion saying that the relevant inquiry was a narrow reading of statutory text.
  9. In Sims v. Johnson, involving a dispute over a settlement agreement, Judge Kavanaugh dissented essentially on the grounds that the motive of the plaintiff in contesting the settlement cut against the claim that the settlement terms should be figured out by the lower court.
  10. In Allen v. Johnson, Judge Kavanaugh joined a unanimous opinion by Judge Rogers giving latitude to the employer with respect to whether the employer held an honest belief. Further, to find that the employer was culpable more evidence was needed than just proximity of the adverse action. Finally, there was no material dispute of fact over the reason offered by the employer as a legitimate basis for the termination.
  11. In Doe by her next friend Tarlow v. District of Columbia, Judge Kavanaugh wrote the opinion holding that he was not inclined to expand statutes as they were written. This is a case that has disability rights advocates concerned. This case involved persons with disabilities in the District of Columbia who could not consent for healthcare and never could consent for healthcare. Further, they had no particular individual whom could exercise such consent. So, the issue is whether the statutory scheme was inconsistent with District of Columbia statutes and the due process clause of the Fifth Amendment. I can see where disability rights advocates are coming from in this case as the opinion is written in a way that some might construe as paternalistic, which is a real sensitive spot for people with disabilities.
  12. In Carter v. Carson, Judge Kavanaugh joined a per curiam opinion holding that the complaint did not satisfy Iqbal/Twombly standards, which we discussed here.
  13. In Hester v. District of Columbia, a special education case, Judge Kavanaugh wrote the opinion where he decided the case based upon a literal reading of the four corners of the critical document.
  14. In Redman v. Graham, Judge Kavanaugh dissented saying that he was not inclined to expand the statute as written.
  15. In Hill v. Associates for Renewal in Education, Inc., Judge Kavanaugh joined an opinion by Judge Wilkins in an absolutely fascinating case. In this case, the court held a request for reasonable accommodation must be related to the limitation rendering the person disabled. The court affirmed the District Court’s conclusion that the plaintiff did not bring forth sufficient facts to establish a hostile work environment claim. However, the court reversed the summary judgment and remanded for trial on the failure to accommodate claim. The case is also fascinating because it came down July 27 of 2018. The related piece is interesting. In just about all cases, I don’t see how the related piece is going to be much of an issue. A big exception would be dealing with the situation where an employee needs a service dog with them because of his or her disability. I could see in that situation a dispute over “relatedness,” assuming that is the standard a court wants to use. See also this blog entry for a similar discussion.
  16. In City of Anaheim, California v. FERC, Judge Kavanaugh said that Chevron deference was not applicable because the statute was clear that what California did was not permissible.

II

Themes

Unlike my review of Justice Gorsuch, I don’t see an overriding judicial philosophy in these opinions. However, I do see certain pillars and they are:

  1. In city of Anaheim, California v. FERC Judge Kavanaugh said, “The precise words of the statutory text matter.” Judge Kavanaugh clearly will look to what the statute literally says and interpret those statutes whenever possible before looking to other matters to explain what the statute might mean.
  2. In a couple of cases, the motivation of plaintiffs with respect to their litigation strategy are a factor in his conclusions.
  3. Chevron deference is not something he is against. However, he doesn’t like to go there unless he has to. With respect to agency interpretations of their regulations, Auer deference, he does not have a judicial opinion on that. However, when I did a Google search on the Internet, I did come across a speech where he praises Justice Scalia’s opinion, which we discussed here, saying that Auer deference should be thrown out.
  4. He seems to be quite comfortable with the McDonnell-Douglas scheme, which we discussed here. Further, he expect plaintiff’s to meet their burden of proof to overcome nondiscriminatory reasons offered by the employer.
  5. We have often said that magic words are not required to trigger the interactive process. Just what words are required depends. With respect to Judge Kavanaugh, the closer a plaintiff comes to magic words, the better off a plaintiff will be in arguing that the interactive process should have been triggered.
  6. Judge Kavanaugh seem to be quite willing to give employers latitude with respect to the honestly held belief rule.
  7. With respect to the rights of persons with disabilities, the two most interesting cases I find are Hill and Long. In the former, Judge Kavanaugh says that the statute of limitations with respect to a reasonable accommodation request can start either at the time of the request made or at the time of denial. In the latter, Judge Kavanaugh joined an opinion saying that the accommodation sought must be related to the disability. Both of those decisions could have a significant impact on ADA jurisprudence if they become the law of the land.

Happy new year y’all!

Filed Under: General Tagged With: A.L. v. Walt Disney Parks, ADA, Adam v. Rice, adverse action, Allen v. Johnson, Auer deference, Baloch v. Kempthorne, Carter v. Carson, Chevron deference, city of Anaheim California v. FERC, Doe by her next friend Tarlow v. District of Columbia, failure to accommodate, Hill v. associate for renewal in education Inc., honest belief, Iqbal, Johnson v. interstate management company LLC, judge Kavanaugh, Koch v. Cox, long v. Howard University, magic words, Major life activity, McDonnell Douglas, Northeast Hospital Corporation v. Sibelius, Ortiz v. Werner enterprises, Perez v. MBA, physical or mental impairment, pretext, Reasonable accommodation requests, reasonable accommodations, reasonable modification, record of impairment, Redman v. Graham, rehabilitation act, sex relations, Sims v. Johnson, statute of limitations, Stuart v. St. Elizabeth's Hospital, Thompson v. Rice, title I, title II, title III, Title V, tolling, Twombly, United States Department of State v. Coombs

Does the ADA encompass a hostile work environment claim?

December 15, 2014 by William Goren Leave a Comment

Does the ADA encompass a hostile work environment claim? (I have mentioned hostile environment before but that was in the context of the Office of Civil Rights and education). According to the Northern District of Oklahoma in Callahan v. Communication Graphics, 2014 U.S. Dist. LEXIS 172148 (N.D. Okla. December 12, 2014), the answer is yes. This case also has an interesting piece in it about pleadings with respect to ADA cases as well. As is my usual custom, I have divided the blog entry into categories: facts, court’s reasoning, and takeaways. The reader is free to focus on any or all of the categories.

I
Facts

In this particular case, the plaintiff worked for Communication Graphics for five years where he worked on two different machines, a wrapper and a slitter. More specifically, he alleged that his coworkers, supervisors and managers mistook his ADD for symptoms of old age, alcoholism and mental illness and intentionally harassed him to make him sick. He was called old, senile, crazy, psychotic, and spaz. He alleged that the harassment was instigated by a safety manager and caused him physical reactions, including high blood pressure and a mild stroke. Further, he alleged that after reporting their harassment, his supervisor did nothing to prevent the harassing behavior. Further, after enduring the harassment for a couple of years, he complained to three different people. Instead of the harassment stopping, the harassment escalated and he was: excluded from production meetings; no longer considered for employee of the month; and eventually terminated. Also, when the plaintiff tried to report a work-related neck injury, his supervisor tried to talk him out of it. The next day, he was told by two different people three reasons why he could be fired. Plaintiff alleged that they did this in order to prevent him from reporting his neck injury. Ten months later, when he finally saw a doctor for the injury and the doctor placed him on work restrictions, plaintiff alleged that the defendant required him to do work against the restrictions and then moved him from the wrapper to the slitter machine (the slitter machine did not comply with the restrictions and worsened his neck condition). He then started hearing rumors that he would be fired, and he was fired two months later. Finally, in his pleadings, the plaintiff did not explain how his ADD substantially limited a major life activity.*

* The case also contains a same-sex harassment claim but that is not addressed in this entry.

II
Court’s Reasoning

1. Citing to a 10th circuit case from 2004, the court holds that the ADA does encompass a hostile work environment claim because of the parallel purposes and remedial structures of title VII and the ADA.

2. Since a hostile work environment claim is actionable under the ADA, the court then had to set forth what you would have to show to make a prima facie case of that claim. In particular, a plaintiff would have to show: 1) he or she is a member of a protected group (in this case, a person with a disability as defined by the ADA); 2) he or she was subject to unwelcome harassment; 3) the harassment was based on the alleged disability; and 4) due to the harassment’s severity or pervasiveness, the harassment altered a term, condition, or privilege of the plaintiff’s employment and created an abusive working environment.

3. The court believed that the allegations were sufficient to get the plaintiff beyond Iqbal and Twombly.

4. With respect to the plaintiff not pleading that ADD substantially limited him in a major life activity, the Northern District of Oklahoma concluded that even under Twombly and Iqbal, a plaintiff is not required to provide particulars about the major life activity limited by the impairment or explain how the impairment limits that activity at the pleading stage.

III
Takeaways

1. The plaintiff was pro se. Thus, from the defense perspective, they should not assume that just because the plaintiff filed the claim on his or her own, that they can coast. I am seeing a surprising number of claims filed pro se that get to first base. That said, if a pro se plaintiff does get to first base, it is hard for me to believe that a pro se plaintiff could navigate discovery without an attorney. That said, having gotten to first base, it would probably make it easier for a pro se plaintiff to retain counsel for the discovery portion of the case.

2. A strong argument can be made that hostile work environment claims involving disabilities are actionable under the ADA because, as mentioned by the court in this case, of the parallel purposes and remedial structures of title VII and the ADA.

3. While this case says that pleadings do not have to contain a description of how the disability substantially limits a major life activity, preventing problems later demands that a plaintiff not rely on this. That is, to avoid unnecessary risks (it is not obvious to me as to why listing how a disability substantially limits a major life activity would not be required by Iqbal and Twombly), a plaintiff should list how the disability substantially limits one or more major life activities.

By the way, you still have the chance to vote, until December 19, 2014, for my blog to be the best of the category(niche) here, and please do so.:-)

Filed Under: ADA, Federal Cases, General, Title I, Title IV Tagged With: ADA, ADD, Americans with Disabilities Act, Attention deficit disorder, hostile environment, Hostile work environment, Iqbal, pleadings, prima facie, pro se, title I, Twombly

Getting to first base: surviving a motion to dismiss

March 11, 2013 by William Goren 4 Comments

In law school, we learn that the federal system is a notice pleading jurisdiction. The idea behind notice pleading is that you make a general statement as to what the case is about if you are a plaintiff and then the rest is up to discovery. Once discovery is done you can go with the motion for summary judgment if you are on the defense side. At the state level, the approach varies from state to state. Some states are much more fact-based while other states are very general and leave it up to discovery. Some states, such as Illinois, fall in between. One of the things that I am seeing quite a bit, particularly with prisoners, but sometimes with individual plaintiffs as well, is that they are filing pro se complaints. That means, they are filing complaints without a lawyer. That is generally not to be recommended. Also, even lawyers have to worry about how to get to first base so to speak. Thus, this blog entry will explore what must be alleged to survive a motion to dismiss. Of course, my blog is devoted to the ADA, but the reader may find this information helpful with respect to federal cases in general.

To say that the federal system is a notice pleading situation, is no longer entirely accurate thanks to two different cases, Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009), and Bell Atlantic Corporation v. Twombly, 550 U.S. 544 (2007). In those cases, the United States Supreme Court said that a simple recital of the elements of a cause of action supported by making conclusory statements is not going to be sufficient to survive a motion to dismiss. Iqbal 129 S. Ct. at 1949-1950. That is, while legal conclusions can provide the framework of the complaint, they have to be supported by factual allegations that plausibly give rise to an entitlement to relief. Id. at 1950. Plausibility refers to a complainant pleading enough factual content that allows the court to draw a reasonable inference that the defendant is liable for the misconduct. Id. at 1949.

So what does this all mean? It means that one should not take the notice pleading analysis of the federal court literally. That is, a better approach might be to adopt a hybrid system, such as the one in Illinois. Illinois uses a hybrid system. That is, it is not a notice pleading jurisdiction, but on the other hand it is not a pure factual jurisdiction in its practice either. Rather, a complainant has to give enough facts to put the defendant on notice as to what the claim is. The language you might see in an Illinois case is that a plaintiff is required to allege facts stating the elements of the cause of action, and unsupported legal conclusions and factual conclusions are insufficient and will be disregarded. People ex rel. Madigan v. Tang 346 Ill. App. 3d 277, 283 (first district 2004). There isn’t much difference between a standard such as this and the standard called for by Iqbal, which requires that a plaintiff’s complaint has to include sufficient facts of each element to support a reasonable inference that he or she is entitled to relief. See Wells v. West Georgia technical College 2012 WL 3150819, *3 (N.D. Georgia August 2, 2012).

What it all comes down to is this, and the Wells case is an excellent road map for how it works, is that you want to take each element of the claim and then come up with specific facts supporting each element of the claim. For example, for a person to have an actual disability under the Americans with Disabilities Act, you would need a physical or mental impairment that substantially limits a major life activity. Therefore, you would want to allege facts showing a physical or mental impairment. You would also want to allege facts showing that a substantial limitation on a major life activity (recognizing that substantial limitation post ADAAA is not the same as substantial limitation prior to the ADAAA), exists. If it is a case involving reasonable accommodations, you’re also going to have to allege facts to show that the person is a qualified person with a disability. That is, you would need to allege facts to show that the person can do the essential functions of the job with or without reasonable accommodations. In short, the methodology is pretty simple. As a plaintiff, what you need to do, is determine what are the elements of the cause of action and then allege the facts satisfying each element. Stay away from general conclusions and stick to specific facts. On the defense side, when you receive the complaint, figure out what are the elements of each of the causes of action that the plaintiff is alleging. If the plaintiff is not alleging specific facts that satisfy each element, then your chances for prevailing on a motion to dismiss increase quite substantially.

Of course, I would be remiss if I didn’t point out that this blog entry, as are all my blog entries, general information and are not for purposes of giving specific legal advice. For specific legal advice and for how a complaint should actually be structured, that is for the lawyer to decide.

Filed Under: Federal Cases, General, Rehabilitation Act, State Cases, Title I, Title II, Title III, Title IV Tagged With: Ashcroft, Ashcroft v. Iqbal, Bell Atlantic Corporation, Bell Atlantic Corporation v. Twombly, Complaint, Complaint structure, conclusory statements, discovery, draw a reasonable inference that the defendant is liable, elements of a cause of action, elements of each of the causes of action being alleged, fact based pleading, fact pleading, filing complaints without a lawyer, hybrid system, Illinois, individual plaintiff, Iqbal, motion to dismiss, notice pleading, plausibility, plausibly give rise to an entitlement to relief, prisoners, pro se, reasonable inference, sexual content, specific facts satisfying each element, structuring a complaint, surviving a motion to dismiss, Twombly, unsupported legal conclusions and factual conclusion, Well v. West Georgia technical College, West Georgia technical College

Primary Sidebar

Search

NOW AVAILABLE

Understanding the ADA 4th Edition

ABA JOURNAL WEB 100

2014-2018: 5 Consecutive Years!

2017 & 2016 FEEDSPOT TOP 100 LEGAL BLOG

Recent Posts

  • Egregious Fitness for Duty Policy Leads to Class Action Certification February 14, 2019
  • Medical Exams, Direct Threat, and Qualified and How All Three Concepts Work Together February 5, 2019
  • Title III of the ADA Applies to Internship and Externship Sites January 30, 2019
  • Standing in Cyberspace and Other Issues January 25, 2019

ADA Legal Resources

  • Department of Justice ADA Web Site
  • Disability Discrimination, EEOC Info
  • DuPage County bar Journal, The Brief
  • Job Accommodation Network
  • Midwest Center for the Law and Deaf
  • National Association of Attorneys with Disabilities (NAAD)
  • Understanding the Americans with Disabilities Act

Articles

  • ADA and Mediation/Arbitration: Things to Think About
  • Affirmative-action and persons with disabilities
  • Americans with Disabilities Act Claims: Is a Mixed Motive Jury Instruction Dead?
  • An ADA Checklist as You Go About Your Practice
  • Disability compliance for higher education interview on why colleges and universities should perform ADA compliance audits
  • Expect huge impact from DOJ regulations implementing Titles II and III of ADAAA
  • Help your institution avoid some common mistakes when dismissing students with disabilities
  • Internet addiction, ADA, and employment
  • Internet and Title III of the ADA
  • Is Your University or College's Homepage Accessible to Prospective Students with Visual Impairments?
  • Legal Liability of Buying or Developing Inaccessible Technology
  • Reassignment and the ADA: Is It a Matter of Right and How Do You Prove It up?
  • Service dogs and the ADA
  • Should Your Law Firm's Internet Site Be Accessible to the Persons with Disabilities
  • The Americans with Disabilities Act and Employment
  • The Ins and Outs of Nevada’s Service Animal Laws
  • What is the statute of limitations for ADA claims

Blogroll

  • architectural accessibility
  • disability law blogspot
  • FMLA Insights Blog
  • labor and employment law blog (management)
  • Lawffice Space Blog
  • management employment law blog (California based firm)
  • Ohio Employment lawyer blog (Jonathan Hyman-management)
  • PLAINTIFF California labor and employment law blog
  • plaintiff employment law blog
  • Robin Shea's employment and labor law insider blog (management-Constangy, Brooks & Prophete)
  • Second Circuit civil rights cases
  • The blog for Supreme Court goings on
  • The employer handbook blog
  • Title III and Fair Housing Act Blog (defense)
  • Title III and II ADA blog
  • Title III blog business side (Seyfarth Shaw)
  • Workplace safety and health law blog

Greatest Hits

  • ADA and ADA Related Cases at the Supreme Court: Where They Have Been and What Is Next
  • ADA and the Applicable Statute of Limitations
  • ADA compliance auditing for higher education
  • ADA Compliance Is a Nondelegable Duty
  • Are public colleges and public universities immune from suit as a result of sovereign immunity in ADA matters
  • Can You Get Compensatory and Punitive Damages When Alleging Retaliation
  • Just When Does the Statute of Limitations BEGIN to Run in ADA Cases
  • Service dog v. therapy dogs
  • Suing state court system for title II violations
  • Temporary disabilities and the ADA
  • What do you have to show to get compensatory damages under title II of the ADA
  • What does it mean to exhaust administrative remedies under title I of the ADA?
  • Why a recent US Supreme Court opinion is a huge victory for title I plaintiffs (mixed motive)

In the Media

  • ABA Blawg 100 2014
  • ADA and ADR
  • ADA Game Changer: CRST Van Expedited v. EEOC
  • ADA Litigation Game Changer
  • Blog entry on Impact of University of Texas Southwestern Medical Center v. Nassar on the ADA
  • Blog entry on Judge Gorsuch on Disability Rights Linked to by SCOTUS Blog
  • Blog entry on Sheehan v. City and County of San Francisco
  • CBS money watch article discussing website accessibility litigation.
  • CRST Van Epedited blog entry referenced in over lawyered
  • Death Penalty and Intellectual Disabilities Supreme Court Opinion
  • Disability compliance for higher education interview on why colleges and universities should perform ADA compliance audits
  • Does title IIof the ADA/§ 504 of the Rehabilitation Act applied to employment
  • E-bay's Inaccessibility to the Deaf
  • EEOC affirmative action per § 501 blog entry referenced in March 2016 employment Law blog carnival
  • Employment Law Blog Carnival November 2015
  • Expert Interview Series: ADA Consultant William Goren on What You Need to Know About ADA Compliance
  • February 2016 employment Law blog carnival
  • Finding creative solutions within the law
  • Fisher II blog entry referenced in Scotus Blog
  • Fry oral argument blog entry referenced in Scotus Blog
  • Guest Post on Illinois Business Litigator Blog regarding My Burden of Proof When Dealing with Remediation Blog Entry
  • How Fry playing out blog entry referenced by Scotus blog
  • How the legal industry lets down lawyers with disabilities
  • Illinois business litigator blog featuring my blog entry discussing whether a corporation has a retaliation cause of action under the ADA
  • Impact of Abercrombie and Fitch Decision on the ADA
  • June 2015 ABA Journal article on attorneys with disabilities and the preconceptions they face
  • Law practice today members spotlight
  • legal issues of buying inaccessible technologies article posted to the ABA green room
  • Legal pad radio show interview first run Wednesday, February 12 at 7:30am.; Re-airs at Saturday, February 15 at 3:30pm and Monday, February 17 at 9am
  • Legal pad radio show interview first run Wednesday, January 29 at 7:30am.; Re-airs at Saturday, February 1 at 3:30pm and Monday, February 3 at 9am
  • Legal pad radio show interview first run Wednesday, October 23rd at 7:30am.; Re-airs at Saturday, October 26th at 3:30pm and Monday, October 28th at 9am
  • Let's Talk About Arbitration blog entry and other entries featured on the Illinois business litigator blog
  • MH issues and the State Bar
  • Oral Argument in Sheehan v. City and County of San Francisco
  • PBS News Hour piece discussing accessibility of amusement parks for persons with disabilities
  • Reflections on the development of disability as a diversity concern in the legal profession
  • SCOTUS blog references Blog entry discussing the impact of South Dakota v. Wayfair on Internet accessibility litigation
  • SCOTUS blog references Endrew oral argument blog entry
  • SCOTUS Blog references Fry decided blog entry
  • SCOTUS Blog referencing blog entry that Reviews Supreme Court cases and the upcoming Supreme Court cases vis a vis the ADA/disability rights
  • Sevorson decision analyzed
  • Sheehan decision
  • Trimble v. Kroger
  • Voyage Atlanta Profile
  • What's wrong with this job description blog entry featured in December 2015 employment Law blog carnival
  • When to grant more leave after FMLA is exhausted
  • Why ADA is a Good Law

Presentations of interest

  • ADA Hot Issues: Essential Function, Attendance, and Reassignment
  • ADA Hot Issues: Pregnancy, Reassignment, and Legal Issues of Buying Inaccessible Technology
  • Don’t Let The ADA Bite Your Law Firm – Complying With the ADA Instead of Becoming a Target
  • Hot issues in title I and in title II of the ADA
  • Let's Count the Ways the ADA Impacts Your Law Practice
  • Understanding the Americans with Disabilities Act, Fourth Edition – Hot Off the Press – A Brown Bag Series

Footer

Powered by WordPress and the Utility Pro theme for Genesis Framework.