First off, I hope that everybody who celebrated Good Friday and Easter had a happy one. Today’s case, Gentry v. East-West Partners Club Management Company, Inc. is a published decision from the Fourth Circuit, which came down on March 4, 2016. I don’t believe in all my blog entries that I have ever taken the
University of Texas southwestern medical center v. Nassar
Alcoholism, Associational Discrimination, Retaliation, and Magic Words
For my Jewish brethren, I hope everyone survived the gauntlet of the Jewish High Holidays, which ended last night. Again, wishing everyone and their families a happy and healthy new year.
Today’s case comes from the United States District Court’s Southern Division in South Dakota and it takes on issues of alcoholism as a disability,…
Can Employees Trust Human Resources? Maybe That’s Not the Right Question? Timing of Reasonable Accommodation Request and Causation under the ADA and the Rehabilitation Act Are Not the Same
Robin Shea’s latest blog entry, which can be found here. Discusses some of the things people say about HR, including: “HR protect the company’s interests, not yours;” “if you go to HR, HR reports the complaint back to the manager and then you are labeled a malcontent;” “I have yet to see a human…
EEOC v. Abercrombie and Fitch stores Inc.: How does it Apply to the ADA?
My schedule has been topsy-turvy lately. That is why you are seeing posting of the blog on different days than typical. I am also going out of town over the weekend and be back early in the week, and so my next blog will also be later in the week. The weekend after next, I…
Telecommuting as a reasonable accommodation: EEOC v. Ford Motor Company en banc Decision
In a comment to this blog entry, I discussed the panel decision of the Sixth Circuit in EEOC v. Ford Motor Company where the panel held that telecommuting was a reasonable accommodation. Before proceeding further, I want to thank Jon Hyman for alerting me through his blog that the en banc decision came down…
A triple play: causation, adverse action and hostile environment all in one case
Happy new year everyone!
Hope everybody had a happy and safe new year. Back to it!
Today’s case is Sherman v. County of Suffolk, 2014 U.S. Dist. LEXIS 177780 (E.D. NY December 29, 2014). The case talks about numerous issues: causation under title I and title V of the ADA; adverse action under title…
Can You Get Compensatory and Punitive Damages in ADA Retaliation Claims
Your client asked for reasonable accommodations/modifications and was retaliated against for doing so. Let’s assume that the retaliation is fairly obvious. The question becomes when you file a retaliation claim are you going to be able to get compensatory and punitive damages? Might it depend upon the title or law that you are suing under?…
What Kennedy Giveth Scalia Taketh Away?
I want to wish all those celebrating Passover, which started yesterday, and Easter, which is Sunday, a happy holiday.
This blog entry is divided into separate categories, but unlike my usual system, the categories are little bit different. Here we have: introductory comments, the case that is the subject of this blog entry (Burrage…
Mixed motive and title I redux
One of my more popular blog entries is the blog entry discussing University of Texas Southwestern Medical Center v. Nassar. In that blog entry, I talked about how that decision necessarily means that mixed motive jury instructions are available with respect to ADA title I (non-retaliation) claims. We now have a case, Siring…