First off, I want to welcome everyone back from the Christmas and New Year weeks. I hope everybody had a safe and happy week and continues to be safe. Today’s blog entry is something that came out in mid-December from the EEOC. I have not blogged on it yet because there were other things that I wanted to get off my blog pipeline. Also, labor and employment lawyers immediately jumped on this and have been…

Usually at this time of year, my last blog entry is devoted to the greatest hits for the year. However, for this year the data points are a bit mixed up because I  moved my blog platform to the Lex Blog platform halfway through the year. So, I don’t have data for the whole year. Judging from the data I looked at for the half year, it looked like it was pretty similar to last…

Today’s blog entry comes out of the Northern District of Georgia, and it involves the question of what is deliberate indifference in effective communication cases. We have talked about effective communication and deliberate indifference numerous times before in the blog. The case of the day is Nix v. Advanced Urology Institute of Georgia198199. By way of full disclosure, I have previously on another matter consulted with local counsel on this case previously but have…

Today’s blog entry deals with the concept of judicial estoppel. As I previously discussed here, the concept says that you make representations in one forum those representations can come back to haunt you later. I have also written on how it is legal malpractice not to be aware of this principle, here179182192195190192192190191193192. In the ADA world, you will see judicial estoppel come up in the areas of short-term disability, long-term disability, workers compensation, and…

676767187116178228117 686868188117179229120 Miniature horse yes to non-federal governmental entities; yes to places of public accommodations; but not on planes. Previously, the Department of Transportation came out with proposed regulations on service animals, here121230180118219189696969.  I have written about the issue of animals on planes numerous times before (such as here122231181119220190707070, here123232182120221191717171, and here124233183121222192727272), as well. Last week, the Department of Transportation came up with their final rule, here223193737373. So considering all…

Hope everyone had a great Thanksgiving. We aren’t out of the woods yet with Covid-19. So, please be safe.   Today’s blog entry comes from the Fourth Circuit, Elledge v. Lowe’s Home Centers, LLC1801846767199,  a published decision decided on November 18, 2020. The case deals with two issues: failure to accommodate; and whether the ADA requires mandatory reassignment. So, the categories for this blog entry are going to be: facts; court’s reasoning failure to…

Today’s blog entry is a case from the 11th Circuit that I have blogged on before at both the Circuit Court level and the District Court level. A link to both can be found here185180191118201. On November 10, 2020, the 11th Circuit vacated their previous opinion issued back in March and re-issued another one. Since we have discussed this before, no need to go into the facts, which simply put involves a deaf individual’s…