Latest from Understanding the ADA

Previously, I blogged on a Seventh Circuit case discussing whether the ministerial exception applied to hostile work environment situation. In that panel decision, the Seventh Circuit said that the ministerial exception did not apply to situations involving a hostile work environment. You can see the complete discussion of that panel decision here. However, the Seventh Circuit voted to hear it en banc. On July 9, 2021, the Seventh Circuit sitting as a whole decided 7-3 that the panel got it wrong. That is, the ministerial exception does apply to hostile work environment situations. The person who wrote the majority…
Let’s say you have a situation where you have a severely autistic individual, a person with Tourette’s, dyslexia, or some kind of severe learning disability, all of which can lead to anger when the person gets frustrated. To be clear, I am not saying that all persons with disabilities are prone to anger more so than anyone else. I am saying that it is realistic to say that K-12 students with disabilities of various kinds may get extremely frustrated causing them to act out. Let’s say they engage in speech off-campus where those frustrations come to the fore. Does it…
Happy Fourth of July week everyone. Hope everyone had a great Fourth of July. I am sure many are taking the week off or having an extended holiday. Have fun and be safe.   Today’s blog entry is a three in one. In particular, we will talk about how do you figure out when a temporary disability falls under the actual disability prong, the importance of the EEOC charge, and an upcoming case before the United States Supreme Court dealing with whether emotional distress damages are available under the Rehabilitation Act. As usual, the blog entry is divided into categories…
Today’s blog entry discusses the real issue of whether ADA serial plaintiffs, architectural or Internet, and ADA testers will continue to have standing with respect to claims filed in federal court. The case of the day actually has nothing to do with disability discrimination, but in a sense it has everything to do with disability discrimination. The case is TransUnion LLC v. Ramirez, here, decided by the United States Supreme Court on June 25, 2021. As usual, the blog entry is divided into categories and they are: facts; Justice Kavanaugh’s general discussion of standing principles; Justice Kavanaugh’s discussion of…
Today’s case explores the arguments as to why an adverse action is not necessary in failure to accommodate cases. As a bonus, it also explores how workers compensation exclusivity does not preempt a state’s disability antidiscrimination law. The case of the day is Richter v. Oakland Board of Education decided on June 8, 2021, by the New Jersey Supreme Court in a unanimous opinion. Most of the cases I write about are federal cases and not state ones. However, this case is an excellent read for understanding the arguments as to why a court would hold that an adverse action…
Today’s blog entry discusses the CDC Guidance For Institutions Of Higher Education Updated June 4, 2021. In short, if you are an institution of higher education you have to strongly consider mandating proof of vaccination for students, faculty, staff, and visitors unless you are in a State that has an executive order or law that prohibits you from doing so. Many colleges and more every day are doing precisely this. Further, Rhodes College in Memphis Tennessee has added a surcharge of $1500 for any student that is not vaccinated to cover Covid-19 tests etc.   Let’s look at the guidance…
As everyone knows, Naomi Osaka made news last week in a big way. One of the things that I saw is that labor and employment bloggers were using it as an analogy for how they would deal with something like this under title I of the ADA, such as here184192212213215215. Sports commentators, such as here185193213214216216 for example, were also talking about it in employment law terms. What you do not find is anybody talking about the situation in terms of the applicable rules that actually apply. Since Naomi Osaka is an independent contractor, the question is whether title III…
Hope everyone had a great Memorial Day holiday weekend. Today’s blog entry talks about the latest update from the EEOC with respect to Covid-19. All the labor and employment law bloggers are blogging on it, so I decided to blog on it as well and offer my own perspective. As with previous blog entries of mine on the subject, what I have done is cut-and-paste the new sections of the guidance and then underneath the section put in my own comments. So, the blog entry is not divided into the usual traditional categories. The only new piece to the EEOC…
Today’s blog entry explores a variety of issues dealing with vindicating rights under the ADA in the face of a collective bargaining agreement (CBA). The case of the day is Murphy v. United Parcel Service,186188204208207 Inc., a decision from the Eastern District of Wisconsin on March 23, 2021. As usual, the blog entry is divided into categories and they are: facts; CBA need not be exhausted prior to filing an ADA claim; CBA does not require arbitration of the claim; plaintiff has standing; failure to accommodate claim do not require an adverse action; sufficient allegations exist with respect to plaintiff…
I have a ton of cases in my pipeline. However, sometimes breaking developments jump the pipeline. This is one of those situations. As everybody knows, the CDC came out with new guidelines regarding mask wearing, which can be found here185198205. Everybody and anybody is talking about them, and the guidelines have big implications for the world of the ADA and persons with disabilities. A couple of days before the guidelines came out, I read an article saying that the CDC should do exactly this type of thing as a way to encourage people to get vaccinated. Since the guideline…