The blog entry that goes up for this week will be the last one before the week of August 29 as we will be taking our daughter off to college this coming Friday. She moves in the following week. So, no blog entry the week after this one and this one counts for the week of August 16. The blog entry of the day is from the Sixth Circuit decided on August 12, 2022. The case is Post v. Trinity Health-Michigan, a published decision from the Sixth Circuit, which can be found here. The case involves two questions. First, when an interference claim is made what ADA title applies? Second, if you hav ..read more

My daughter completed her classroom component for high school this week and now is just waiting to graduate, so my schedule has been a bit all over the place. Hence, I am getting this blog entry up later in the week than I usually do.   This week’s blog entry is already making the rounds among some labor and employment law bloggers. So, I figured I could offer my own perspective on it. The case, Shields v. Credit One Bank, N. A. , a published decision from the Ninth Circuit decided on May 6, 2022, discusses just when is a temporary disability an actual disability under the ADA as amended ..read more

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 process with respect to taking the leave and coming back from the leave. With respect to coming back from the leave, the certification process would include assessing whether the employee can perf ..read more

Hope everyone had a great Mother’s Day. Today’s blog entry is a case that I’ve had in my pipeline for quite a long time. I actually know the plaintiff’s attorney on the case, Cheryl Lagare of Lagare, Attwood & Wolfe. We have spoken a few times, and she is a fabulous CLE speaker. When this case came out, I congratulated her and asked her if it would be okay if I blogged on it, and she said go for it. Well, that was several months ago, but here goes. The case is Lewis v. City of Union City, Georgia, which can be found here. This case involves both the actual disability prong and regarded as ..read more

The best weekend in sports is no doubt the first and second round of the NCAA basketball tournament. I hope your bracket survived. The UMBC VA game was amazing (even my 14-year-old daughter was into it), and there were plenty of other upsets along the way as well. I am in two pools (brother and brother-in-law), and Cincinnati’s loss did not help me. However, I do have Villanova and Gonzaga in the final game, and so I am okay that way (I have Gonzaga winning in one pool and Villanova winning in the other). Good luck to everyone with their brackets. As everyone knows, I am not afraid to blog on ..read more