Today’s case is an unpublished decision out of the Northern District of Texas that has potential to be a real sleeper. That is, one of the things that the medical licensing boards and the PHP’s are doing are claiming that ensuring physicians with disabilities are not allowed to practice or can only practice with restrictions is a matter of public safety. Of course, it doesn’t work that way. The question is whether the physician is…

Today’s blog entry deals with a very common scenario. It works this way. Person goes on FMLA leave. FMLA leave is for 12 weeks. Employers can require employees to exhaust sick and vacation time as part of that leave. After that, the employee is on unpaid leave. When the leave is over the employee gets his or her job back or an equivalent job if at all possible. A company can insist on a certification…

Today’s blog entry is a bit something different. What I thought I would do is discuss several Covid-19 scenarios happening in the real world and see how they apply to the ADA.   I State of Connecticut’s Crackdown on Mask Exemptions   On August 12, 2020, the Hartford Courant reported that the governor of Connecticut would soon require non-mask wearers to present a Doctor’s note showing that they have a legitimate exemption from the state’s…

Today’s blog entry discusses the recent guidance from the CDC on consideration for wearing masks updated on August 7, 2020. It also discusses two different recent guidances from the EEOC on opioids. My thanks to Eric Meyer for pointing out the CDC guidance. He has an entry on it in his blog, here. The CDC guidance can be found here. Links to the EEOC guidances can be found here. With respect to…

Today’s blog entry is the first one that I am making on the Lexblog platform. This platform replaces my previous website and my previous blog site. All of my blog entries have been carried over. I think everyone will find this much more informative and faster. You will also have a much better idea of what is going on in my practice at a current time. For example, it is now much easier to find…

I have big news to share. I have been frustrated with my blog/website set up for some time. On Friday, I will be moving all of that into one site onto the lexblog platform. So, starting at around five Eastern time on Friday and perhaps continuing through the weekend accessing my blog may be spotty. Everything that has been on the blog for the last nine years will carry over to the new site. Also, everything will…

Before getting started on the blog entry of the day, yesterday was the 30th anniversary of the ADA. Happy anniversary!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!   One of the things that comes up is why is the ADA such a good idea if hiring people with disabilities has remained static over the years. My response to that question is twofold. First, the ADA is more than just employment. It also includes accessing nonfederal governmental entities (title II) and accessing places…