The Americans with Disabilities Act provides that a person is entitled to an accommodation if needed. But, sometimes the need for accommodation is not so apparent. Back injuries are notorious for being unpredictable. Russell Holt applied for a job with BNSF railway. He received a job offer conditional on passing a physical exam. Mr. Holt
When a person asks for an accommodation, s/he must be specific. A general request to “reduce stress” at the work place will not suffice. In Murray v. Warren Pumps, 821 F.3d 77 (1st Cir. 2016), the plaintiff had a bad back. His work restrictions included not lifting anything over 10 pounds and not sitting,
There are more and more veteran needing the use of a service dog. A trained service dog will perform several tasks of a veteran suffering from PTSD:
The Eleventh Circuit helps shed some light on the effects of the ADA Amendments Act, effective in 2009. In Mazzeo v. Color Resolutions International, LLC, No. 12-10250, 2014 WL 12740470 (11th Cir. 3/31/14), Anthony Mazzeo suffered a herniated disc and torn ligaments in his back at the age of 46. He worked as a sales
Discrimination lawsuits are hard to win. I have written many blog posts about that difficulty. One federal judge recently even wrote that Judges are killing Title VII. See my blog post about Judge Kopf’s blog post. Prosecuting a discrimination case is an uphill climb. So, it is important that any plaintiff do nothing to
The Americans with Disabilities Amendment Act was passed during the Bush administration. It became effective in September, 2009. We are just now seeing cases that fall under the ADAAA. One of the bigger changes wrought under the ADAAA concerns "regarded as" disabled claims. Under the old ADA, in some appellate courts a claimant had to