In Harmon v. Texas Southern Univ., No. 14-21-00125 (Tex.App. Corpus Christi 6/15/2023), the court denied the employer’s Plea to Jurisdiction. It also looked behind the employer’s weak arguments about what its supervisor knew. Ms. Harmon had taught at Texas Southern for some 16 years, when her knee gave her so much trouble that she
During this COVID crisis, many folks are being asked to risk their health and possibly their lives to keep the business running. What about teachers? The state of Texas has mandated that school districts provide in-person teaching for any family desiring it. That means school districts are pressuring teachers to return to in-person teaching, even
What happens when an employer requires everyone to come to work, but the COVID-19 continues to spread? After the initial shut-down, Valero Energy Corp. required all of its 1800 office workers to report to work by June 1, 2020. In the past month, 32 of those employees have tested positive for COVID-19. Several workers have
Gilbert Garcia, a wonderful writer at the San Antonio Express News has penned a column about the coronavirus and working from home. He writes about the experience and what we learn from working from home. His column suggests we learn that many workers fear being away from work and being out of the loop. But,
I am a member of Texas Employment Lawyers Association. We represent people in employment lawsuits. TELA just posted excellent advice on worker’s rights during the coronavirus outbreak. Go to our website here for advice about unemployment benefits, workplace accommodations and being required to work from home.
As we used to say in Iraq, Be Safe.
It is required of every business and government in the country to hire an American Sign Language interpreter if a hearing impaired person requests one. That requirement of the Americans with Disabilities Act has been around since the law was passed in 1991. It is remarkable how few businesses and governments realize that. When I
In a recent decision, the Texas Supreme Court found in favor of an employee. And, as far as I know it did not snow last July. In Green v. Dallas County Schools, No. 16-0214 (Tex. 5/12/2017), Paul Green a bus monitor, urinated on himself while on the bus. He was fired and sued. The
The Americans with Disabilities Act was passed in 1992 during the administration of the first George H.W. Bush. It was later amended in 2009. Yet, many persons with disabilities still face obstacles to employment. In EEOC v. S&B Industries, Inc., No. 15-CV-641, 2017 LEXIS 9259 (N.D. Tex. 2017), two women with hearing impairment applied
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
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