I hope everyone had a Merry Christmas and is having a happy holiday season. Today’s blog entry comes from the Supreme Court of Georgia in a case decided November 23, 2021. It has absolutely nothing to do with the ADA per se but then again it very much does. The case goes to the question
waiver
Public Schools Ability to Regulate Off-campus Speech in the Digital Age
We now have a new Associate Justice on the United States Supreme Court, Amy Coney Barrett. For those interested in how she might rule on disability rights matters, see this blog entry1821206969198. Today’s blog entry came to me from my involvement with the Federal Bar Association civil rights section. Caryl Oberman, a Pennsylvania attorney…
Direct Evidence is a Smoking Gun
Today’s blog entry discusses two cases, both dealing with smoking guns (hence, the cannon above).
One is from the Sixth Circuit, Baum v. Metro Restoration Services, Inc., Decided on April 11, 2019. The other is EEOC v. Crain Automotive Holdings LLC from the Eastern District of Arkansas, also…
Legal Malpractice Risks and the ADA
Previously, I have talked about how the EEOC if it wasn’t the EEOC would have committed legal malpractice in the case we talked about here. From going through my search engine, it doesn’t seem like I have talked about where the legal malpractice risks are with respect to the ADA. In going through my…
Title III Religious Exemption Affirmative Defense
I promised Jon Hyman of the Ohio Employer’s Law Blog that I would hold down the fort with respect to blogging while he and his family jetted off to Italy for vacation. So, here goes. Today’s case, Reed v. Columbia St. Mary’s Hospital, comes out of the Seventh Circuit, and was decided on February…
Qualified Otherwise Qualified Means Factoring in Reasonable Accommodations
Today’s blog entry returns us back to the world of employment law. One of the things that drives me crazy is that people, including judges, sometimes forget whether a person is qualified to do a particular job means assessing whether the individual can perform the essential functions of the job WITH or without reasonable accommodations.…
Suing a state court system: Shooting down the Defenses
This posting is later than my usual Monday. However, Monday was Memorial Day and then I had family in.
In a previous blog entry of mine, I discussed how suing a state court system can be done but that it is very complicated. This case discusses the myriad of defenses that arise in such…
Federal laws/regulations allowing for discrimination can trump the ADA (even if adopted at the state level)
The United States Supreme Court and the regulations implementing title I of the ADA allow for a complete defense to discrimination against persons with disabilities when the discrimination is necessary in order to comply with other federal law or regulations. Albertsons v. Kirkingburg 527 U.S. 555, 570, 570 n.16; see also id. at 578 (J.…
LSAT and Title III discrimination
Anybody that wants to go to law school must take the LSAT, law school admission test sponsored by the law school admission Council (LSAC) . The LSAT is a standardized test consisting of 100 multiple-choice questions ( Binno v. American Bar Association, 2012 WL 4513617, *1 (E.D. Mich. September 30, 2012)), divided into five…
The ADA, The rehabilitation act, and the ministerial exception
This blog entry asks the question as to what is the status of the ADA and the Rehabilitation Act with respect to employees that work for religious institutions. Recently, the United States Supreme Court decided the case of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 132 S. Ct. 694 (2012). In that case,…