HUD charges University of Nebraska at Kearney with discrimination

[gobiggergoredder]

This will end up opening up a can of worms like all other erroneous lawsuits. Pretty soon a kid will need to bring his goat because he can't get laid. Another will have to have his fish to eat away toe fungus. At what point could the line possibly be drawn?

 

This child's parents failed her. She obviously has issues and shouldn't be moving three hours away from home. Instead of confronting those issues, her mother has decided to blame the university instead of telling her kid 'Maybe this isn't the right fit for you'.

 

Don't worry about it. A new excuse to raise costs at a University......Carpet replacement and bug bombing in pet friendly student housing. Only in America!

 

http://journalstar.com/news/local/crime-and-courts/article_2ffe4d32-c27a-5bf7-a076-982affa7d9af.html

[NUance]

According to the complaint, the student lived in the University Heights Apartments from Aug. 12, 2010, to Oct. 1, 2010, when she moved home and lost her position on the cheer squad.

 

Chick suffers from depression and is on the *cheer* squad? A human oxymoron.

[knapplc]

The University needs to show that they engaged in a good-faith attempt to interactively accommodate her once they were put on notice that she had a disability. It's not enough to simply claim that they fall under DOJ guidelines and not HUD guidelines - in discrimination cases involving students that's true, but once you start talking about where people live, it's a completely different animal. No pun intended.

[carlfense]

This will end up opening up a can of worms like all other erroneous lawsuits. Pretty soon a kid will need to bring his goat because he can't get laid. Another will have to have his fish to eat away toe fungus. At what point could the line possibly be drawn?

 

This child's parents failed her. She obviously has issues and shouldn't be moving three hours away from home. Instead of confronting those issues, her mother has decided to blame the university instead of telling her kid 'Maybe this isn't the right fit for you'.

 

Don't worry about it. A new excuse to raise costs at a University......Carpet replacement and bug bombing in pet friendly student housing. Only in America!

 

http://journalstar.c...2affa7d9af.html

 

The slippery slope argument generally results from laziness. The goat and fish straw men are noted.

[gobiggergoredder]

This will end up opening up a can of worms like all other erroneous lawsuits. Pretty soon a kid will need to bring his goat because he can't get laid. Another will have to have his fish to eat away toe fungus. At what point could the line possibly be drawn?

 

This child's parents failed her. She obviously has issues and shouldn't be moving three hours away from home. Instead of confronting those issues, her mother has decided to blame the university instead of telling her kid 'Maybe this isn't the right fit for you'.

 

Don't worry about it. A new excuse to raise costs at a University......Carpet replacement and bug bombing in pet friendly student housing. Only in America!

 

http://journalstar.c...2affa7d9af.html

 

The slippery slope argument generally results from laziness. The goat and fish straw men are noted.

 

Overly dramatic..yes. Laziness..no. Where does it stop? Once you open the door how do you close it? When did life become a disorder?

 

A slippery slope is exactly what it is. I have 40 employees and I will tell you one thing that is a fact....................you can get a Dr's note for ANYTHING that says you are unable to do this or that. If you can't get the note, you get a different doctor. The way the FMLA system works, bad diarrhea is no different than a heart transplant. I imagine that wasn't the intention, but the door has been opened and it now is what it is.

[knapplc]

The bizarre thing, to me, is that industry was behind the revamp of the ADA. The ADAAA of 2009 took a near-complete 180 from the ADA, to the point where a cold can now be considered a disability if it keeps the employee from work for a couple of days. I really doubt this was the intent of the amendment, but that's where we are.

 

Everyone is perceived to be disabled now if they have any kind of medical condition. They've already met the prima facie elements just by being impaired. It's a world gone mad.

[HeyBurke]

This should be a non-issue. It's well-known that animals help alleviate depression. Hell, you can read plenty of stories about troops coming home from deployments who could only find comfort in their pets. If this girl needs her dog to stay happy, let her have the dog in her dorm.

[It'sNotAFakeID]

I haven't read much into it, aside from the article in the LJS which I was perusing while waiting for my English class to begin, so I will try to refrain from making too much of an opinion. It is true that animals do help alleviate symptoms of depression. However, it is also true that universities don't allow pets [aside from fish] in dorm rooms--and it's for good reason; dogs and cats make a lot of unnecessary mess--especially if they're not trained very well. But there are many crucial points outside the girl not being allowed to have her dog in her dorm room.

[gobiggergoredder]

The bizarre thing, to me, is that industry was behind the revamp of the ADA. The ADAAA of 2009 took a near-complete 180 from the ADA, to the point where a cold can now be considered a disability if it keeps the employee from work for a couple of days. I really doubt this was the intent of the amendment, but that's where we are.

 

Everyone is perceived to be disabled now if they have any kind of medical condition. They've already met the prima facie elements just by being impaired. It's a world gone mad.

 

http://www.nytimes.com/2008/06/26/washington/26rights.html?_r=1&ref=us&pagewanted=print&oref=slogin

 

The House bill reflects a deal worked out in months of negotiations by business groups and advocates for the disabled. The United States Chamber of Commerce and the National Association of Manufacturers helped shape the bill and endorsed it as a balanced compromise.

 

I'm not saying it isn't true, but I have a hard time believing that any American business did anything but minimize damage when it came this.

 

The House Republican whip, Representative Roy Blunt of Missouri, said the bill “puts people to work, creates opportunity and makes America a more productive country” by unlocking new pools of talent.

 

Statements like this drive me nuts. It's no different than 'Forced Diversity'. If you are not hiring someone because they are in a wheel chair or a non Caucasian race, then you are an idiot and you should be fired. I would say more often than not these rules are used for lawsuits.

 

It's funny that you bring up a cold. Something that has recently come up is a version of FMLA that has been labeled as 'Intermittent'. The version allows you to miss a day here and there instead of a block, say a month, or time. Basically, a Dr. can write you a note saying that you will periodically miss work over an extended time period, usually 6 months. Since FMLA allows you to miss up to 2 months out of the entire year, can you imagine how disruptive it is to let people just come and go as they please? Because FMLA is a law, some employees count every single absence as FMLA. The can miss 60 days in a year a guess what.....they have the same attendance as the guy/gal that didn't miss any work in 275 work days.

 

I wish people could understand that some Doctors will write a note for anything. It's yet another thing that makes American business less competitive as I must keep a larger than necessary workforce to cover such blatantly poor attendance. That translates into higher product/service costs. You then put an entire organization on the hook because of a handful of people that are working the system.

 

Unfortunately, I see the UNK issue as something similar. I am familiar with UNK from a previous life and my guess is they are talking about the university apartments that are adjacent to the campus on the NW side. You can't let people start making their own rules. It sets a terrible precedent and ultimately brings the system down. Moving away and going to college is difficult for many kids for a lot of different reasons. This girl and her family need to show some accountability.

[HuskerfaninOkieland]

I have CRAFT disease but don't feel I should be entitled to anything special...wait...what are we talking about?

[knapplc]

The bizarre thing, to me, is that industry was behind the revamp of the ADA. The ADAAA of 2009 took a near-complete 180 from the ADA, to the point where a cold can now be considered a disability if it keeps the employee from work for a couple of days. I really doubt this was the intent of the amendment, but that's where we are.

 

Everyone is perceived to be disabled now if they have any kind of medical condition. They've already met the prima facie elements just by being impaired. It's a world gone mad.

 

http://www.nytimes.c...int&oref=slogin

 

The House bill reflects a deal worked out in months of negotiations by business groups and advocates for the disabled. The United States Chamber of Commerce and the National Association of Manufacturers helped shape the bill and endorsed it as a balanced compromise.

 

I'm not saying it isn't true, but I have a hard time believing that any American business did anything but minimize damage when it came this.

 

The House Republican whip, Representative Roy Blunt of Missouri, said the bill “puts people to work, creates opportunity and makes America a more productive country” by unlocking new pools of talent.

 

Statements like this drive me nuts. It's no different than 'Forced Diversity'. If you are not hiring someone because they are in a wheel chair or a non Caucasian race, then you are an idiot and you should be fired. I would say more often than not these rules are used for lawsuits.

 

It's funny that you bring up a cold. Something that has recently come up is a version of FMLA that has been labeled as 'Intermittent'. The version allows you to miss a day here and there instead of a block, say a month, or time. Basically, a Dr. can write you a note saying that you will periodically miss work over an extended time period, usually 6 months. Since FMLA allows you to miss up to 2 months out of the entire year, can you imagine how disruptive it is to let people just come and go as they please? Because FMLA is a law, some employees count every single absence as FMLA. The can miss 60 days in a year a guess what.....they have the same attendance as the guy/gal that didn't miss any work in 275 work days.

 

I wish people could understand that some Doctors will write a note for anything. It's yet another thing that makes American business less competitive as I must keep a larger than necessary workforce to cover such blatantly poor attendance. That translates into higher product/service costs. You then put an entire organization on the hook because of a handful of people that are working the system.

 

Unfortunately, I see the UNK issue as something similar. I am familiar with UNK from a previous life and my guess is they are talking about the university apartments that are adjacent to the campus on the NW side. You can't let people start making their own rules. It sets a terrible precedent and ultimately brings the system down. Moving away and going to college is difficult for many kids for a lot of different reasons. This girl and her family need to show some accountability.

 

I know all about doctors writing notes for anything. "Dr., I have pain." "OK, here's a note." Boom, done.

 

But it's not that easy to prove discrimination, just because the doctor provided a note. The doctor does not enforce anything on the employer, nor does the employer have to follow the doctor's note. Accommodations must be reasonable and they must be something both parties can agree on. Accommodations must not produce an undue burden on the employer. That means that the doctor's note doesn't give the employee carte blanche to demand whatever they wish. Often the accommodation provided won't be to the employee's liking, and that's too bad. The employee does not have blanket protection.

 

 

I cannot tell you how many times I've had to explain to people that their employer is not bound by that doctor's note. It is shocking to people when they find this out, as often they truly believe that the employer has to do whatever the doctor says.

[gobiggergoredder]

 

I know all about doctors writing notes for anything. "Dr., I have pain." "OK, here's a note." Boom, done.

 

But it's not that easy to prove discrimination, just because the doctor provided a note. The doctor does not enforce anything on the employer, nor does the employer have to follow the doctor's note. Accommodations must be reasonable and they must be something both parties can agree on. Accommodations must not produce an undue burden on the employer. That means that the doctor's note doesn't give the employee carte blanche to demand whatever they wish. Often the accommodation provided won't be to the employee's liking, and that's too bad. The employee does not have blanket protection.

 

 

I cannot tell you how many times I've had to explain to people that their employer is not bound by that doctor's note. It is shocking to people when they find this out, as often they truly believe that the employer has to do whatever the doctor says.

 

 

The problem is, as employers continue to reduce staffs and minimize costs, it seems like it has become easier to cave than go through the judicial process. Every employer that I have had wants to avoid a lawsuit at all cost regardless of whether or not we are in the right.

 

I'm sure this UNK deal will end in some kind of settlement.

[knapplc]

It has been my experience that no party is ever wholly in the right. There's usually some measure of "wrong" on both sides. That's where settlements become everyone's friend, and why settlements in cases like this are strongly encouraged throughout the process.

[HUSKER 37]

According to the complaint, the student lived in the University Heights Apartments from Aug. 12, 2010, to Oct. 1, 2010, when she moved home and lost her position on the cheer squad.

 

Chick suffers from depression and is on the *cheer* squad? A human oxymoron.

 

Maybe not..

Some of my favourite Commedians are deeply depressed in real life.

Maybe it's a copeing mechanism.

 

My Freshman year at UNL I was almost suicidal..I tried to hide my depression, but it was pretty obvious now that I think about it.

I'd lost my dad a couple of months before I started college..Then my big Brother in an auto accident after my 1st week..Spent WAY too much time sleeping to escape..missing some mighty important classes to start off as an EE major.

 

When finals came around, I was dissapointed I could no longer guess my way through what they called Calculus even though I was sposed to be some sort of Math Whiz..I took comfort in a cockroach that my buddy two rooms over caught...My Mom called while I was taking "Herbie" for a walk down the hall on the end of some thread, and asked how finals were going...I quickly changed the conversation around to tell her about my new friend (Mainly as a joke..I still use humor as a copeing mechanism if you couldn't tell).

 

The very next weekend, my Mom showed up with Husker, My 7 yr old Siberian Husky..

I had to sneak her up to 6th floor Abel for the day..Mom dropped her off and spent the weekend at my Sister's place.

.

I got more joy, (and a few papers for a writing class I took later) from trying to sneak her back down at the end of the day using the "seeing Eye-Dog ploy" and discovered a few new skills my Dog had possessed..And amazed the crowd of students waiting by the elevators as they watched her drive my car away from the front enterance after skillfully guiding me through them while receiving several hugs/pats from some mighty nice looking co-eds.