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Disability Dilemmas for Supervisors
As we all know, the ADA prohibits discrimination on account of past, present and perceived physical and emotional disabilities. Generally, the key to avoiding liability is focusing on abilities and not disabilities. That's an easy mantra to articulate, but it can be deceptively complicated for a supervisor to implement. For example:
- An employee has performance problems. The supervisor believes alcohol abuse may be the cause. Can the supervisor focus on the perceived cause of the performance problems without creating a perceived disability claim?
- An employee who receives a written warning requests an accommodation for a stress disorder that allegedly is contributing to the performance deficiencies. How can the supervisor determine whether the employee has a disability potentially entitling him or her to an accommodation without inquiring about and obtaining highly confidential medical information?
Supervisors need to receive training on how to handle these and other workplace situations. This article provides a practical overview of the legal guts of supervisory training on the ADA.
Pre-employment Inquiries
When it comes to pre-employment inquiries, the ADA is clear. No inquires may be made about disabilities prior to the extension of a conditional offer of employment. For this reason, supervisors should be advised that they never should ask applicants any questions about disabilities.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?