If a person needs an extended leave for treatment for a bad back, would the ADA require an employer to allow him an extra few months? The Seventh Circuit in Severson v. Heartland Woodcraft, Inc., No. 15-3754 (7th Cir. 9/20/2017), said no. Ray Severson, left work for his full 12 weeks of unpaid leave
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Trump Co-Defendant Pleads No Contest
Donald Trump’s campaign rally in Louisville, Kentucky in 2016 is again in the news. As I have mentioned here previously here and here, the President and his campaign have been sued for roughing up protesters at that rally. One of the defendants with the President is Mathew Heimbach, a white nationalist. He is chairman…
General Accommodation Requests Do not Work Well
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,…
Fifth Circuit Rejects Plaintiff’s Testimony
A critical issue for many persons who suffer any illness is recovery and treatment. That comes as no surprise. Yet, it seems to surprise many courts. The issue often arises when the employee asks to work from home. The employee and his/her doctor may not know to any degree of certainty how long the recovery…
Trump Undermines his Own Case
Pres. Trump seriously undercuts his own case when he states publicly that the travel ban currently on appeal is a “watered down” version of the first travel ban. See CNN news report. That is a problem because the first travel ban made specific references to establishing a religion. The second ban removed that language.…
Lawyer Sanctioned for Too Many Objections at Deposition
People new to lawsuits do not appreciate how depositions work. No judge is present at a deposition. So, the lawyers’ behavior, good or bad, depends entirely on them. We see this regarding objections. In front of a jury, we lawyers avoid objections, because the jury will not understand. They may think we are trying to…
Proposed Bill to Restrict Access for Persons with Disabilities
You know things are serious when advocacy groups and non-profits as diverse as the Christopher & Dana Reeve Foundation, National Disability Rights Network, the NAACP, and the National Association of Social Workers all oppose a bill now pending in Congress. The ADA Education and Reform Act of 2017, sponsored principally by Rep. Ted Poe, (R-Tex),…
Judge Gorsuch is not Friendly to U.S. Workers
The life experiences a judge brings to the table are important. Pres. Trump’s nomination of Neil Gorsuch illustrates that maxim. Judge Gorsuch, prior to assuming his chair at the Tenth Circuit Court of Appeals represented big business, often opposing attempts to seek class action certification on behalf of workers. His decision in Hwang v. Kansas…
Another Judge Enjoins Travel Ban
Another federal judge has granted an injunction to stop the administration’s travel ban. Judge Brinkema in Virginia granted an injunction that applies to the state of Virginia. Like the judge in Washington state, she pointed to the campaign statements by then Candidate Trump that he would institute a ban on Muslim immigration and that the…
Seventh Circuit Ready to Recognize Discrimination Based on Sexual Orientation
I written before about the complicated decisions regarding whether Title VII prohibits discrimination based on sexual orientation. Ever since the Supreme Court’s decision in Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998), courts have been grappling with same sex harassment. Does Title VII prohibit discrimination based on sex or not? See my post…