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Maximum protection: Gender dysphoria covered by ADA
By Jason Boleman Gender dysphoria is a covered “disability” within the Americans with Disabilities Act, or ADA, the 4th U.S. Circuit Court of Appeals has ruled in a case of first impression. The decision in Williams v. Kincaid (VLW 022-2-204) reverses the district court and allows a transgender woman’s lawsuit against the Fairfax County sheriff […]
Civil Rights – ADA – Gun Ownership – Mental Disability
Plaintiff alleges that he was denied the right to purchase a firearm when a background check, which was mandated by South Carolina law, indicated that he has a mental illness. These allegations do not relate to a public program or service; therefore, they do not state a claim under Title II of the Americans with […]
Labor & Employment – ADA – Termination – Essential Function – Physical Presence
Regardless of what other people said about the need for plaintiff to be present on-site to do his job, plaintiff’s letter to his physician said, “My job consists of traveling to job sites located in Greenville, Spartanburg, and Anderson. I am the sole consultant for these projects and no one else would be traveling to […]
Labor & Employment – ADA – Constructive Discharge – Accommodations Process – Early Retirement
Even though plaintiff wanted to pass a required qualification by simulation while the defendant-employer wanted him to train directly on plant equipment (which could only be done during the nighttime when plaintiff’s sleep apnea prevented him from working), since defendant was still engaged in the interactive process of trying to accommodate plaintiff and only discontinued […]
Labor & Employment – ADA – Accommodation Process – Retirement
Plaintiff’s sleep apnea prevented him from working at night, but his job required competence on a machine on which he could only train at night. Although plaintiff’s doctor had agreed to a two-month suspension of plaintiff’s work restrictions, and although the parties were in the midst of the accommodation negotiation process, when plaintiff came to […]
Civil Rights – ADA & Rehabilitation Act – Provision of Services – Wheelchair and Speech Assistance
Plaintiff Kobe has been provided with the augmentative communications device (ACD) and the wheelchair he requested; he has failed to make out claims against all but one of the defendants. As to the defendant-governor, based on plaintiff’s allegations of, inter alia, the delay in providing the needed devices (e.g., Kobe was initially provided an ACD […]
Labor & Employment – ADA – Termination – Legitimate Reason – Loaded Firearm, Unlocked Vehicle – Disparate Discipline – Hostile Environment – Opioid Addiction
Even though plaintiff’s co-worker was merely given a warning when he violated the defendant-employer’s policy against leaving loaded weapons in plain view in a personal vehicle, since the co-worker’s vehicle was locked while plaintiff’s vehicle was left unlocked, plaintiff has not shown that he was subjected to disparate discipline when he was fired for his […]
Labor & Employment – ADA – Discriminatory Discharge Claim – Open Positions – Failure to Apply
Equal Employment Opportunity Commission v. McLeod Health, Inc. (Lawyers Weekly No. 002-152-17, 29 pp.) (Bruce Howe Hendricks, J.) 4:14-cv-03615; D.S.C. Holding: After the complainant’s functional capacity evaluation indicated that she would be unable to return to her former position, she did not express interest in reassignment to any of the defendant-employer’s open positions until [&h[...]
Civil Rights – ADA – Retaliation Claims – Administrative – Medicaid Benefit Cuts
Stogsdill v. South Carolina Department of Health & Human Services (Lawyers Weekly No. 002-096-17, 40 pp.) (Joseph Anderson Jr., J.) 3:12-cv-00007; D.S.C. Holding: Although plaintiffs did not receive all the Medicaid services they requested, they received what the law allowed at the time, and their services were not decreased because of their protected activity, i.e., […]
Labor & Employment – ADA – Epilepsy – Failure to Return to Work
May v. Remedy Diner, Inc. (Lawyers Weekly No. 002-030-17, 10 pp.) (Terrence Boyle, J.) 5:16-cv-00116; D.S.C. Holding: After a Jan. 16, 2015, epileptic seizure at work, plaintiff’s doctor released him to return to work on Jan. 18, 2015, but plaintiff failed to either return to work or to find someone to cover his shifts. Accordingly, […]
Labor & Employment – ADA – Service Dog – PTSD – Reasonable Accommodations
Clark v. School District Five (Lawyers Weekly No. 002-108-17, 30 pp.) (Cameron McGowan Currie, S.J.) 3:15-cv-02864; D.S.C. Holding: Where (1) plaintiff’s trained service dog, Pearl, allowed plaintiff to work without any incidence of panic attacks at her school’s original location; (2) defendant gave varying reasons for its refusal to allow Pearl to accompany plaintiff when […]
Labor & Employment – ADA – Eleventh Amendment Immunity – Federal Funding
Squires v. South Carolina Department of Health & Environmental Control (Lawyers Weekly No. 002-082-17, 10 pp.) (R. Bryan Harwell, J.) 4:16-cv-02414; D.S.C. Holding: Even though 42 U.S.C. § 2000d-7(a)(1) abrogates Eleventh Amendment immunity for states that receive federal financial assistance and violate several listed statutes “or the provisions of any other Federal statute prohibiting dis[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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