In going through my cases in my blog pipeline, I decided to blog on the case of Basta v. Novant Health Inc. It was decided on December 27, 2022, and it is a published decision from the Fourth Circuit. It
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When it Comes to Service Animals and ESA’s, Did the Texas Court of Appeals Just Throw a Monkey Wrench into the HUD Circular and Title I of the ADA?
Before getting started on the blog entry of the day, I do want to wish everyone celebrating, a happy Passover and a happy Easter. Also, major league baseball has started, so good luck to any of your teams.
Turning…
When Does Statute of Limitations Begin to Run in Failure to Accommodate Cases and What is the Burden of Proof
Facts: Plaintiff worked as a customer service representative for Charter Communications for approximately seven years when she was placed on leave for a worker’s compensation injury. Her essential job duties were sitting at her desk, taking calls, and answering emails…
If it Looks Like a Duck, Quacks Like a Duck, it is Not a Duck
Sometimes I just don’t know until the last minute as to what case I will blog on for the week. I originally thought I would blog on a religious accommodation case. Then, this morning I saw a Fifth Circuit decision…
The Argument for Standalone Websites as a Place of Public Accommodation
Once again, a person using a screen reader could not access a website. In this case, a company sold probiotic soda through its website. Defendant filed a motion to dismiss…
What A FAPE Really Is
This blog entry discusses just what is an IDEA FAPE anyway. It is a Sixth Circuit published decided on January 4, 2023, in the case of Doe v. Knox County Board of Education, here. As usual the blog is…
Why the Distinction Between Deaf and deaf Matters: EEOC Guidance on Hearing Disabilities in the Workplace and the ADA
Sometimes you have a blog entry all ready to go in your mind. You are even rehearsing the outline of it in your mind. However, something then intervenes and you feel compelled to blog about something else. This is exactly…
You Can Still be Subject to Place of Public Accommodation Rules Even if You are Not a Place of Public Accommodation
Let’s Talk Attorney Fees in Serial Plaintiff Cases and Let’s Talk About the Pregnant Workers Fairness Act
In Shayler v. 1310 PCH, LLC, here, the Ninth Circuit in a published decision decided on October 24, 2022, winds up approving ……
Just What Does Interference Actually Mean?
Facts: In the first days of Covid-19 related shutdowns, plaintiff emailed his employer ……