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?
* Welcome to the right side of history, former anti-gay marriage guy. [New York Times]
* 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]
After the jump, you really have to check out Brian Cuban having an aneurism over Lindsay Lohan’s continued freedom…
Folks go out there and say, ‘I’m mad at the plaintiffs,’ and ‘I see the same names,’ and ‘Let’s go bash the plaintiffs’ attorneys.’ I don’t mind that, but the law has been there, don’t kid yourself.
(Coleman also had more choice words for his detractors. Check them out, as well as the other side of the ADA suit debate, after the jump.)
- Disability Law, Drugs, Federal Government, John Edwards, Law Schools, Money, Morning Docket, Politics, Trials
* 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]
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.
It’s a figure that should make law school deans sit up and take notice. You know, if they weren’t busy figuring out how to charge the students more money for an education that isn’t getting more valuable in any way.
But now let’s ask the fun question. Is using Adderall that big of a deal?
When I was in school, Ritalin was the performance-enhancing drug of choice. You could smash it up and snort it and do amazing feats like read an entire Emanuel’s Outline on mergers and acquisitions in a single sitting. Or you could write a whole law review note without getting bored. Or you could repaint your room, or reupholster your desk chair, or… oh s**t the paper is due in an hour and I have NOTHING.
Adderall, as I understand it, is the same, 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….
- 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
* 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]
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 of the Brooklyn DA’s office and its treatment of interns:
I’m [a law student] intern at the KCDAO [Kings County District Attorney's Office], and from everything I’ve heard from all of my intern colleagues, the senior ADA’s have been nothing less than amazing — they find us work to do, always treat us with respect, always make us feel appreciated, and the office is gloriously drama-free.
This tipster has a theory about what’s going on here….
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., Charles Hynes, is seriously looking into the allegations and has suspended Dwimoh. Can she really be that bad?