ADA

  • Decorative Scales of Justice in the Courtroom

    Federal Government

    HUD Housing Disparate Impact Rules Vacated – How an APA Case Could Clarify Complicated Private Litigation

    Ed note: This post originally appeared on Federal Regulations Advisor. The United States District Court for the District of Columbia vacated the Department of Housing and Urban Development (HUD) 2013 rules (ostensibly) under the Fair Housing Act (FHA) establishing disparate-impact liability in a case revolving on homeowners’ insurance coverage policies. Plaintiffs in American Insurance Association […]

    / Nov 11, 2014 at 10:47 AM
  • Disabled-worker-post-it-300x199

    In-House Counsel

    Beyond Essential Functions: The Role of Job Reassignments in Accommodating Employee Disabilities

    Imagine for a moment that you are the HR Manager for a company with many physically demanding jobs. One of your employees submits a doctor’s note prohibiting her from lifting anything over 25 pounds. Mindful of your obligations under the Americans with Disabilities Act (ADA), you check to see if the lifting restriction will prevent the employee from doing her job. Unfortunately, after checking the employee’s job description and talking with her supervisors, you conclude that lifting is a key part of the employee’s job (in legal terms, an “essential function”), and there is nothing practical that can be done (in legal terms, no “reasonable accommodation”) to allow her to perform her job. When you tell the employee that she cannot return to her job, she asks if there are other positions available within the company that she can be transferred to. You say you’ll look into it, but when you start asking around, things get complicated. There are a handful of open positions in other departments, but the job requirements are different and some of the positions already have applicants who seem better qualified. None of the positions have exactly the same pay as the employee’s warehouse position, so she would either be getting a raise or a demotion. What should you do?

    / Oct 7, 2014 at 12:15 PM
  • Tony Parker

    Non-Sequiturs, Violence

    Non-Sequiturs: 06.22.12

    * Welcome to the right side of history, former anti-gay marriage guy. [New York Times]

    * Protecting free speech has to be more important than stopping hate speech. [National Post vai Overlawyered]

    * Netflix is subject to the Americans with Disabilities Act. Seems unfair to me, people are already disabled, I don’t see why you have to make them deal with Netflix too. [Boston Globe]

    * This Tony Parker lawsuit following the Chris Brown fight is right out of Eddie Murphy’s Raw where people start suing Eddie for “sprained eyes.” (If you haven’t seen Raw in a while, click the link. So funny.) [Daily Mail]

    * This law would make it a crime for a teenager to breakup with his girlfriend via text. That sounds like a great idea. [Volokh Conspiracy]

    * See my vest, see my vest, made of lizards I’m smuggled to the U.S. [Legal Juice]

    After the jump, you really have to check out Brian Cuban having an aneurism over Lindsay Lohan’s continued freedom…

    4 Comments / / Jun 22, 2012 at 5:32 PM
  • 451px-Handicapped_Accessible_sign_svg

    Disability Law, New York Times, Plaintiffs Firms, Quote of the Day

    Quote of the Day: He Does Have a Point

    Plaintiffs’ attorneys are going bananas with ADA lawsuits in New York City…

    13 Comments / / Apr 17, 2012 at 5:00 PM
  • Just blaze... until July.

    Disability Law, Drugs, Federal Government, John Edwards, Law Schools, Money, Morning Docket, Politics, Trials

    Morning Docket: 04.17.12

    * Say sayonara to the Buffett Rule. Senate Republicans were successful in blocking the 30% tax on millionaires proposed by Democrats. And thank God, because that trickle down thing is totally working for us right now. [Wall Street Journal]

    * Rich lawyers keep getting richer because they keep increasing their fees. That being said, where the hell are the bonuses? Come on now, SullCrom, are you seriously going to make us all wait until June? That’s really not very nice. [Thomson Reuters News & Insight]

    * Well, that was quick: one minute men abound in the George Zimmerman circus. Mark O’Mara filed a motion to get Judge Recksiedler off the case, and the media filed a motion to get access to sealed records. [CNN]

    * A federal judge presiding over the John Edwards campaign finance trial dismissed 47 potential jurors. Dude gets around, because apparently he had slept with all of them. Nah, he wishes, though. [Bloomberg]

    * As a law school, it sure is easy to claim that just under 100% of the class of 2010 was employed nine months after graduation, especially when you were the one employing them. [National Law Journal]

    * Seems like the New York Times has finally caught on to the ADA troll trend. Lawyers are recruiting clients to file suits against noncompliant businesses, but at least the disabled reap the rewards. [New York Times]

    * Prospective welfare recipients in Georgia have a few more months to blaze before they’ll have to pass a drug test to receive benefits. Smoke two joints before you prepare for all the incoming lawsuits. [Washington Post]

    7 Comments / / Apr 17, 2012 at 9:06 AM
  • Disability Law, Drugs, Education / Schools, Health Care / Medicine, Law Schools, Reader Polls

    Is Using Adderall to Get Through Exams the Worst Thing in the World?

    A little while back, we asked how many of you had tried Adderall, the ADHD drug that some students use to get a boost around study time. A whopping 30% of you said you had tried the drug and 70% of you are lying.
    But now let’s ask the fun question. Is using Adderall that big of a deal?

    71 Comments / / Dec 21, 2011 at 6:06 PM
  • Adderall pillbox

    Disability Law, Drugs, Education / Schools, Health Care / Medicine, Law Schools, Reader Polls

    ATL Wellness Survey: Haven’t We All Had a Little Adderall?

    Adderall, as we understand it, is the same as Ritalin, but better. It’s easy to get your hands on — all you have to do is fake the ADHD exam and you have your very own prescription for an amphetamine for law school and beyond. Or you can bum one off of a friend as finals stress approaches. Haven’t you done that? Come on, be honest….

    91 Comments / / Dec 13, 2011 at 6:02 PM
  • American Bar Association / ABA, Antitrust, Crime, Deaths, Fast Food, Fat People, Food, Job Searches, Law Schools, Mergers and Acquisitions, Money, Morning Docket, Murder, SCOTUS, Technology

    Morning Docket: 09.12.11

    * In November, the Supreme Court will decide whether our Fourth Amendment rights come subject to advances in technology. I, for one, welcome our new Orwellian overlords. [New York Times] * What do you get when two wireless carriers with craptastic coverage and service that goes down more than a porn star have plans to […]

    15 Comments / / Sep 12, 2011 at 9:16 AM
  • Breasts, Constitutional Law, Drinking, Facebook, Job Searches, Money, Morning Docket, Pets

    Morning Docket: 08.31.11

    * You don’t have the right to get half naked in an airport to protest the TSA’s policies. Aaron Tobey’s lawsuit has been stripped of its Fourth Amendment claims following a dismissal. [Washington Post] * Paul Ceglia has to give Facebook every email he’s exchanged since 2003. If Ceglia’s like most men, lawyers at Gibson […]

    7 Comments / / Aug 31, 2011 at 9:13 AM
  • Lawyer of the Day, Litigatrix, Public Interest

    Update: Is Brooklyn ADA Ama Dwimoh Getting a Bum Rap?

    Last Friday, we named Brooklyn Assistant District Attorney Ama Dwimoh our Lawyer of the Day. As a prosecutor, Dwimoh goes after child abusers. And yet, according to the New York Daily News — irony alert! — she herself abuses the kiddies, i.e., legal interns in her office. One reader with firsthand knowledge protested this portrayal […]

    28 Comments / / Jun 24, 2010 at 11:14 AM
  • Lawyer of the Day, Litigatrix, Public Interest

    Lawyer of the Day: Deferred Associates Claim Brooklyn ADA is a Meanie

    Deferred associates spending a year in the Brooklyn district attorney’s office claim that Brooklyn ADA Ama Dwimoh is an abusive boss. At first blush, one assumes that kids who have been coddled at the best schools and top firms simply weren’t prepared for the rough and tumble world of actual lawyering. But the Brooklyn D.A., […]

    57 Comments / / Jun 18, 2010 at 2:59 PM

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