It is, of course, illegal to discriminate against an employee because they have a disability—to fire someone because the employer learns they have been diagnosed with schizophrenia, for example. But what about when the disability causes conduct that might otherwise be a legitimate basis for an action like firing? What if, for example, that schizophrenia… Continue reading Does the ADA Require More Flexible Employee “Misconduct” Rules?
The EEOC recently posted updated guidance about employers’ obligations related to COVID, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. Like the EEOC, I’ve been getting a lot of questions from people trying to understand how to navigate work in these times. Here are some common questions… Continue reading COVID and Workplace Rights: 4 Common Questions
The recent failure of the criminal justice system to hold anyone accountable for the death of Breonna Taylor is a devastating reminder of that system’s failures. As police misconduct attorney and author Andrea Ritchie told the New York Times, “The system that killed Breonna Taylor is not set up to provide justice or reparations for… Continue reading Rethinking Demands for Law Enforcement Training in ADA Lawsuits
Accessible public transportation is a cornerstone of the ADA. Cities must provide "comparable" paratransit service to people who can't take public buses or subways. All too often, these services are nowhere near comparable.
When I talk about my cases with friends, one of the most common questions is whether old buildings are "grandfathered" from the ADA. They aren't. Tellingly, this phrase comes from racially exclusive voting laws of the Jim Crow era.
According to the CDC, we must fight stigma during this COVID pandemic—against people who have, or have recovered from COVID, and against ethnic groups wrongly blamed for or seen as carriers of the virus. Three kinds of law can help.
Redesigning streets and parks just for bicycles can create problems for people with disabilities. Upgrades need to include ADA access--to be an improvement for everyone.
The ADA was signed into law 30 years ago, and it has been a month of reflections. I found myself thinking: How does the ADA affect my work as a lawyer?
Community is a form of medicine, writes Rachel Setzer about reconnecting with her Cherokee Ancestors’ traditions. The ADA's "community mandate" may help. The Supreme Court interpreted this requirement in Olmstead v. L.C. , agreeing with Lois Curtis that she should receive services in the community rather than an institution.
In the wake of CDC guidelines and changing public attitudes, many businesses are reshaping their space. Now is the opportunity to ensure ADA accessibility.
