When a person asks for an accommodation, s/he must be specific. A general request to “reduce stress” at the work place will not suffice. In Murray v. Warren Pumps, 821 F.3d 77 (1st Cir. 2016), the plaintiff had a bad back. His work restrictions included not lifting anything over 10 pounds and not sitting,
Interactive Process Requires Good Faith
When you ask for an accommodation, you need to be careful what you ask for. Because, you just might get it. That is an old saying and it applies to the decision in Dillard v. City of Austin, 837 F.3d 557 (5th Cir. 2016). Derrick Dillard worked for the City of Austin. He was
Sheriff Arpaio’s Defense Rests
The trial for the “toughest sheriff” has concluded. I previously wrote about that trial here. The “toughest sheriff” has chosen a strange defense. As his trial reached its conclusion, his attorney argued that the “toughest sheriff” did not have a good lawyer. The lawyer did not explain the judge’s ruling to him, for eighteen
Fifth Circuit Discounts Inconsistent Explanation
It is a strange ruling in Alkhwaldeh v. Dow Chemical Company, 851 F.3d 422 (5th Cir. 2017). The three judge panel consistently refers to Mr. Alkhwaldeh by his first name, Ammar, not by his last name. The opinion also recognizes that the employer provided inconsistent explanations for the termination, but disregards those inconsistencies. Dow
Fifth Circuit Rejects Plaintiff’s Testimony
A critical issue for many persons who suffer any illness is recovery and treatment. That comes as no surprise. Yet, it seems to surprise many courts. The issue often arises when the employee asks to work from home. The employee and his/her doctor may not know to any degree of certainty how long the recovery
Toughest Sheriff Goes on Trial for Contempt
Sherrif Joe Arpaio, the self-styled “toughest” sheriff in the country, is going on trial. He had been warned not to detain immigrants just because they lacked legal status. The order came from U.S. District Judge Murray Snow after the deputies had detained several Mexican-American citizens and Mexicans here on lawful visas. Sheriff Joe, the toughest
Lawsuit against Statute Targeting Immigrants
The state legislature passed a bill last month that allows law enforcement officers to question persons about their citizenship. In Texas, most law enforcement agencies do not question witnesses or persons stopped about their citizenship. The fear is such questions would hinder gathering information about crimes. The new statute would also punish heads of law
Supreme Court Allows Partial Travel Ban
The U.S. Supreme Court accepted an appeal regarding the administration’s travel ban. It also partially overruled the injunctions against the travel ban issued by the Ninth Circuit and the Fourth Circuit. The injunctions were issued to stop the ravel ban pending appeal. The administration is appealing the injunctions, but it is likely the court
Injunction Against Travel Ban Upheld by Ninth Circuit
The Ninth Circuit has joined the Fourth Circuit in upholding the injunction against Pres. Trump’s travel ban. The unanimous three-judge decision found that of the six countries identified in the ban, none had ever posed a risk to the United States. I wrote about the Fourth Circuit’s recent decision here. The Ninth Circuit pointed
Blame the Victim (Comey)
Against my better judgment, sometime back, I let the company representative talk to my client at a mediation. I am always interested in trying something different. The employer suggested the company rep talk directly to my client, the employee who had sued that company. Always interested in trying something different, I thought, “let’s give it