Since I have returned my practice to the Vladeck law firm, I have been reflecting on disability class action and impact work in employment context. Last month, I had the honor of presenting with a distinguished panel of lawyers discussing class actions in employment. I think class actions to address disability discrimination in employment can
Latest from ADA Update
Supreme Court Upholds Disability Rights in Nursing Home Case
In the flurry of Supreme Court rulings this month, a somewhat obscure victory for disability rights is easy to miss. The Supreme Court ruled that residents can sue state-run nursing homes for violation of rights protected under a federal Medicare and Medicaid law, the Federal Nursing Home Reform Act of 1987 (FNHRA). In the case,
Book Review: Citizen Justice: The Environmental Legacy of William O. Douglas, Public Advocate and Conservation Champion, by M. Margaret McKeown
This fascinating account—of a jurist by a jurist—notes in its early pages that Supreme Court Justice William O. Douglas had a childhood bout of fever and paralysis, suspected to be polio. It “left him a small, sickly child with spindly legs” (p.4). Douglas adapted to his body and the world through “immersion in nature” that
Colonial Era Disability Practice from My Hometown
In A Disability History of the United States, Kim E. Nielsen provides an ambitious compilation of research about people with disabilities on this continent, from pre-1492 to present. It is a thorough reference work that I’ll be consulting for some time, but I was particularly interested in some of the less familiar early history.
What Do the Supreme Court’s Vaccine Mandate Decisions Mean for Workers? Not as Much as You Think
The Supreme Court recently handed down two decisions, going in opposite directions, about vaccine mandates. Based on some of the calls I’ve received, people are confused about what they mean for individual employees trying to navigate vaccine mandates at work.
The two cases involved the statutory authority of federal agencies to make employers require employees
Does Sending Police to People in Mental Health Crisis Violate Disability Rights Laws?
Justin Baerga’s mother wanted someone to help him. She asked for medical help; police came. The police grabbed him, strapped him to a gurney, and forcibly took him to the hospital, which released him without treatment. He was never charged with any crime. A recently filed lawsuit explains that this is New York City’s standard procedure—police are
Book Review: My Grandmother’s Hands
Resmaa Menakem’s book, My Grandmother’s Hands, is one of the most insightful works I have read in recent years. It gave me a deep understanding of, as its subtitle states, racialized trauma and the pathway to mending hearts and bodies—in different communities. Menakem speaks to the Black, white, and police audiences, sometimes separately and
Legal Rights and Vaccine Mandates: Myths and Realities
These are uncertain and divisive times. But I believe in getting the facts straight. From what I am hearing, many disability community members favor vaccines, while some have concerns about getting vaccinated.
Everyone deserves to make choices informed by an accurate understanding of the law. This article covers only vaccine mandates at work,
Literature Review: Legal Action Center’s Emergency
Hospital ERs May Have to Offer Substance Use Treatment and “Warm Handoff” Referrals
In the midst of a substance use public health crisis, Legal Action Center (LAC), a New York-based nonprofit, has issued a call to arms. Sika Yeboah-Sampong, Ellen Weber, and Sally Friedman write that the evidence is in—hospital emergency departments can save lives
COVID, Temporary Disabilities, and the ADA
What medical conditions are, or should be, covered by disability rights laws like the Americans with Disabilities Act (ADA)?
It’s a hot topic in these times. The federal government recently weighed in to say that at least some COVID cases are protected disabilities, as I argued here. I wonder if the new