News and Analysis

Does the ADA Require More Flexible Employee “Misconduct” Rules?

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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?

COVID and Workplace Rights: 4 Common Questions

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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

Rethinking Demands for Law Enforcement Training in ADA Lawsuits

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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

Community Integration

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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.