Jonathan R. Mook

JONATHAN R. MOOK is a founding partner in the firm of DiMuroGinsberg.  Mr. Mook is a nationally recognized authority on the Americans with Disabilities Act and is the author of two treatises published by Matthew Bender Company, “Americans with Disabilities Act: Employee Rights and Employer Obligations” and “Americans with Disabilities Act: Public Accommodations and Commercial Facilities.” 

Mr. Mook lectures nationally on the Americans with Disabilities Act and other employment law topics.
He is a member of the Steering Committee of the District of Columbia Bar Labor and Employment Law Section.  He is a member of the editorial board for the Bender’s Labor and Employment Bulletin. Mr. Mook has been listed in Who's Who in American Law and Who's Who of Emerging Leaders in America.

Areas of practice:

• Appellate practice
• Labor and employment law
• Americans with Disabilities Act; Title VII Discrimination; Family and Medical Leave Act
• Business torts
• Litigation

Admitted:

• 1977, District of Columbia
• 1979, Virginia, U.S. Supreme Court

Education:

• J.D., Yale University, 1977
• B.A., Lawrence University, magna cum laude, 1973

Membership:

• Virginia State Bar
• The District of Columbia Bar (Co-Chair, Labor and Employment Section)

Publications & speeches:

• "Must Employers Reasonably Accommodate Medical Marijuana Use?", Bender’s Labor & Employment Bulletin, July 2010 Copyright © 2010 by LexisNexis Matthew Bender. Reprinted with permission from LexisNexis. All rights reserved.
• Co-Editor, Virginia Employment Law Letter, M.Lee Smith Publishers
• "Ninth Circuit Holds Physical Test Is Medical Exam", Bender's Labor and Employment Bulletin
• "EEOC Initiates Rulemaking for New ADA Regulations",Bender’s Labor and Employment Bulletin
• "Third Circuit Nixes Certification of Nationwide ADA Class Action” Bender’s Labor & Employment Bulletin (September 2009)
• “Supreme Court Rejects Opportunity to Consider Whether Driving is a Major Life Activity” Bender’s Labor & Employment Bulletin (May 2009)
• “In Requiring EEOC to Pay Attorney Fees Fifth Circuit Says ADA Amendments Act Not Retroactive” Bender’s Labor & Employment Bulletin (March 2009)
• “D.C. Circuit Pronounces Sex and Sleep To Be Major Life Activities” Bender’s Labor & Employment Bulletin (October 2008)
• “Despite Lack of Express Requirement, State Law Prohibiting Disability Discrimination Imposes Reasonable Accommodation Requirement” Bender’s Labor & Employment Bulletin (July 2008)
• “Application of the ADA to the Internet” Bender’s Labor & Employment Bulletin (March 2008)
• “Strict Punctuality Not Necessarily and ADA Essential Function” Bender’s Labor & Employment Bulletin (November 2007)
• “Third Circuit Holds that Employers Must Reasonably Accommodate Perceived Disabilities” Bender’s Labor & Employment Bulletin (November 2004)
• “Fourth Circuit Holds that Employee with PTSD is Not Disabled” Bender’s Labor & Employment Bulletin (September 2004)
• “Supreme Court Holds States Liable for Inaccessible Courthouses” Bender’s Labor & Employment Bulletin (July 2004)
• “Sixth Circuit Reaffirms Stringent Standards for Establishing ADA Causation” Bender’s Labor & Employment Bulletin (June 2004)
• “Ninth Circuit Allows Recovering Addict to Take ADA Case to Trial” Bender’s Labor & Employment Bulletin (May 2004)
• “Seventh Circuit Rules No Compensatory or Punitive Damages for ADA Retaliation” Bender’s Labor & Employment Bulletin (April 2004)
• “McDonnell Douglas Analysis Does Not Apply to ADA Reasonable Accommodation Claims” Bender’s Labor & Employment Bulletin (March 2004)
• “An Ounce of Prevention: Engaging in the ADA Interactive Process “Bender’s Labor & Employment Bulletin (February 2004)
• “Supreme Court Tells Ninth Circuit to Reconsider Refusal to Rehire Case” Bender’s Labor & Employment Bulletin (January 2004)
• “Sixth Circuit Reaffirms that Employee’s Right to Reinstatement Under FMLA Is Not Absolute,” Bender’s Labor & Employment Bulletin (June 2003).
• “Supreme Court Enunciates Test for Determining Who Is an Employee” Bender’s Labor & Employment Bulletin (June 2003).
• “Must Employers Reasonably Accommodate Perceived Disabilities?” Bender’s Labor & Employment Bulletin (May 2003).
• “Current Employment Laws You Need to Know,” Fundamental Issues in Virginia Human Resources Law National Business Institute (April 2, 2003).
• “Re-Evaluating the ADA: “The Promise and the Reality” To Accommodate or Not to Accommodate: What’s Reasonable, What’s Substantial and Other ADA Questions Association of the Bar of the City of New York (March 28, 2003)
• “ADA Protects Non-Disabled Individuals Too,” Bender’s Labor & Employment Bulletin (March 2003).
• “Demystifying Difficult FMLA, ADA and Overlap Dilemmas that Continue to Plague Employers: Examining Recent Cases to Help Avoid the Legal Snares” Virginia Personnel Law Update Council on Education in Management (February 6, 2003).
• “Time Off in Virginia: State and Federal Laws on Employee Leave, Vacations, and Holidays” Lorman Educational Services (February 4, 2003)
• “When Are HIV Infection and Alcoholism Disabilities?” Bender’s Labor & Employment Bulletin (February 2003).
• “Supreme Court Does Not Allow Disabled Workers to Place Themselves in Harm’s Way,” Employee Relations Law Journal (Winter 2002).
• “Does the ADA Apply to Internet Websites?” Bender’s Labor & Employment Bulletin (December 2002).
• “Reasonable Accommodation Does Not Require Giving Disabled Employees a Preference” Bender’s Labor & Employment Bulletin (November 2002).
• “Supreme Court Addresses Reasonable Accommodation, But Uncertainty Remains” Employee Relations Law Journal (Autumn 2002).
• “Policy Prohibiting Re-Employment of Employees Terminated for Illegal Drug Use Violates ADA” Bender’s Labor & Employment Bulletin(September 2002).
• “Everything You Wanted to Know About the ADA” ADA, FMLA, and Workers’ Compensation in Virginia Lorman Educational Services (August 27, 2002).
• “Adapting Your FMLA Policies & Practices to Take Account of the Latest Pregnancy, Maternity and Fertility Leave Issues” FMLA Update 2002 Council on Education in Management (July 18, 2002).
• "Toyota v. Williams: The Disability Analysis Continues," Employee Relations Law Journal (Summer 2002).
• “Dealing with Psychiatric Disabilities under the ADA,” Live Nationwide via Satellite on the American Law Network (November 8, 2001).
• The Americans with Disabilities Act: Employee Rights and Employer Obligations, (Matthew Bender Company, 2001).
• The Americans with Disabilities Act: Public Accommodations and Commercial Facilities, (Matthew Bender Company, 2001).
• "Mental Illness in the Workplace," San Francisco Attorney - The Bar Association of San Francisco Magazine (August/September 2001) (with Mark Levy, MD and Saul Rosenberg, PhD).
• "Emerging Issues Under the ADA: No Endgame in Sight," Employee Relations Law Journal (Summer 2001).
• "Federal Regulation of Insurance Under the ADA: Does the Door Remain Open?," Benefits Law Journal (Summer 2000).
• Homeowner Associations and PUDs (Matthew Bender Company, 1998).
• "Bragdon v. Abbott B Pushing the Envelope in the Definition of Disability," Benefits Law Journal (Winter 1998).
• "Can Title III of the ADA Be Used to Challenge Disability Plan Limitations?," Employee Relations Law Journal (Spring 1998).
• "ADA: Public Accommodations and Commercial Facilities" in Powell on Real Property (Matthew Bender Company, 1997).
• "Anti-Discrimination Law" in Condominium Law & Practice (Matthew Bender Company, 1997).
• "The NLRA and the Americans with Disabilities Act" in NLRA: Law and Practice (Matthew Bender Company, 1996).
• "Personality Testing in Today's Workplace: Avoiding the Legal Pitfalls," Employee Relations Law Journal (Winter 1996).
• "Substance Abuse and the ADA: What Every Employer Should Know," Employee Relations Law Journal (Autumn 1996) (with Erin E. Powell).
• "The ADA and Employee Benefits: A Regulatory and Litigation Update," Benefits Law Journal (Winter 1994/ 1995).
• "Legislation by Executive Fiat: President Clinton's Order Barring Permanent Replacement Strikers," Employee Relations Law Journal (Autumn 1995).
• "Expanding ADA Coverage to Employee Benefit Plans: Recent Judicial and Administrative Developments," Employee Relations Law Journal (Spring 1995).
• Co-author of The Effect of the Americans with Disabilities Act on Employer-Sponsored Health Plans, District of Columbia Bar, Labor Relations Section (Commerce Clearing House 1993).
• "Strike Replacement Legislation," 16 Employee Relations Law Journal, Winter (1990/1991).
• "Employee Tort Action for Sexual Harassment in Virginia: Negotiating the Liability MineField," George Mason Civil Rights Law Journal, Winter (1990/1991).

Lectures on employment law:

• “New Day for the ADA: EEOC Unveils Major Changes in New Proposed Regs” Audio Conference, LexisNexis Workers’ Compensation Law Center, (October 20, 2009)
• "Fibromyalgia and the Americans with Disabilities Act," 32nd Annual Meeting, American Academy of Psychiatry and the Law, Boston, MA, October 25-28, 2001.
• "Litigating Employment Cases: Views from the Bench," Georgetown University Law Center, Washington, DC, October 5-6, 2001.
• "Understanding Disabilities Law: Challenges of the ADA," George Mason University, Arlington, VA, May 22, 2001.
• "Understanding Psychiatric Disabilities Law: the Challenges of the ADA," Association of the Bar of the City of New York, New York, NY, April 20, 2001.
• "Recent Developments Under the Americans with Disabilities Act," Universidad Interamericana de Puerto Rico, Facultad DeDerecho, San Juan, Puerto Rico, March 8-9, 2001.
• "Time Off in Virginia," Lorman Education Services, February 7, 2001.
• "Update on ADA Law," February Fiesta, Virginia Trial Lawyers Association, Williamsburg, VA, February 11-12, 2001.
• "The Americans with Disabilities Act: Recent Developments Under the Statute and the Impact on Individuals with Disabilities," Employment and Labor Law Conference, Universidad Interamericana de Puerto Rico, Facultad DeDerecho, San Juan, Puerto Rico, February 26, 1999.
• "Psychiatric Disabilities Seminar, Matthew Bender Continuing Education, San Francisco, CA, April 30, 1999.
• "Careers in Employment Law", DC Bar Seminar, Washington, DC, July 27, 1999.
• "Disability Discrimination: Developments in Case Law Under the ADA", ABA Annual Meeting, Atlanta, GA, August 9, 1999.
• "ADA Enforcement and Compliance Update", DC Bar Seminar, Washington, DC, October 1, 1999.
• "Discipline and Termination Update", Council on Education and Management, Washington, DC, October 7, 1999.
• "Litigating Employment Cases: Views from the Bench", Georgetown University Law Center CLE Program, Washington, DC, October 16, 1999.
• "Employment Law for Today's Workplace", Valley Educational Institute, Washington, DC, March 26, 1998.
• "ADA/FMLA/Workers' Compensation Workshop", California State University, Sacramento, CA, April 15, 1998.
• "Americans with Disabilities Act: Applicants and Employees with Disabilities," Housing and Development Law Institute, 1998 Spring Conference, Washington, DC, April 19, 1998.
• "Psychiatric Disabilities Under the Americans with Disabilities Act B Pretrial Strategy", Matthew Bender Continuing Legal Education, Washington, DC, June 5, 1998.
• "ADA and the Non-Disabled Employee: Why Regarding an Employee as Disabled Can Cost You Millions", Council on Education in Management (COEM), June 8-9, 1998.
• "Violence in the Workplace: ADA Protections for Persons with Psychiatric Disabilities", In-house Seminar for Science Applications International Corporation, Tyson's Corner, VA, July 22, 1998.
• "Regarding Individuals as Disabled Under the ADA", Maryland Governor's Committee on Employment of People with Disabilities, 1998 Annual Conference.
• "Free Speech and Free Association: Balancing Employee Rights and Agency Rights to Conduct Business", Council on Education in Management, Public Sector Employment Seminar 1998, Washington, DC, September 11, 1998.
• "Civil Rights Issues in Employment", Workforce Inclusion: From Barriers to Bridges, Sponsored by Office of Disability and Income Security Programs, Social Security Administration, National Press Club, Washington, DC, October 7, 1998.
• "Americans with Disabilities Act: Case Law on Psychiatric Disabilities", ADA Coordinators Meeting, Governor's Committee on Employment of People with Disabilities, Crownsville, MD, October 8, 1998.
• Personnel Law Update, Council of Education in Management, Tyson's Corner, VA, November 2-3, 1998.
• "Psychiatric Disabilities Under the Americans with Disabilities Act", Matthew Bender Continuing Legal Education, Atlanta, GA, November 12, 1998.
• "The Americans with Disabilities Act: Is Everyone Disabled?", Alexandria Bar Association Employment Law Update, Alexandria, VA, January 16, 1997.
• "Recent Developments in Federal Legislation, Regulation and Court Decisions Governing the Workplace" Suburban MD High Technology Council, Rockville, MD, January 22, 1997.
• "ADA: The Ten Most Common Disabilities and How to Accommodate Them", Council on Education in Management, Two-day Personnel Law Update, Tyson's Corner, VA, January 27-28, 1997.
• "Ergonomics and Labor Law: OSHA, ADA and Other Considerations", National Ergonomics Seminar, Rosemont, IL, April 1-3, 1997.
• "Disabilities Discrimination: 1997 Enforcement and Compliance Update", DC Bar/George Washington University National Laws Center CLE program, Washington, DC, April 24, 1997.
• "Employment Law for Today's Workplace", Valley Educational Institute, Bethesda, MD, April 25, 1997.
• Washington, DC Employment & Labor Law B A Comprehensive Review, and Update, Valley Educational Institute, Washington, DC, May 14, 1997.
• Personnel Law Update 1997, Falls Church, VA, June 2-3, 1997.
• "Serving Two Masters: The Interplay Between the ADA and Section 503", 1997 President's Committee on the Employment of People with Disabilities Annual Conference, Washington, DC, June 4-5, 1997.
• "Careers in Labor Law", DC Bar Seminar, Washington, DC, July 22, 1997.
• AVA and Washington, DC Employment and Labor Law", Valley Educational Institute, Washington, DC (September 26, 1997), Falls Church, VA (October 9, 1997).
• "Family and Medical Leave Act", Mayor's Committee on Persons with Disabilities, Annual Legislative Symposium, Washington, DC, October 17, 1997.