January 2010

Two plaintiffs' cases (one under the Rehabilitation Act from the D.C. Circuit, the other under Title VII from the Tenth Circuit) founder on the same shortcoming: according to the employers, all the employees had to do was ask for accommodations, but they never did....

The Eleventh Circuit reverses summary judgment in a pre-employment medical inquiry case (42 U.S.C. § 12112(d)(2)), holding -- in matters of first impression for that court -- that this section is enforceable by a private right of action, that a plaintiff must present...