A request for accommodation need not mention any specific words, so long as the request puts the employer on notice that an accommodation is needed. Indeed, if an impairment is obvious, caselaw does not require the person to actually request the accommodation. See Brady v. Wal-Mart Stores, 531 F.3d 127, 135 (2d Cir.2008); McElwee
Persons who have a disability are entitled to accommodation if necessary. But, there are limits to the sort of accommodation they can expect. One limit on requests for accommodation is that the person cannot seek an indefinite leave. An employer should not have to wait forever or close to forever for an employee to return
The life experiences a judge brings to the table are important. Pres. Trump’s nomination of Neil Gorsuch illustrates that maxim. Judge Gorsuch, prior to assuming his chair at the Tenth Circuit Court of Appeals represented big business, often opposing attempts to seek class action certification on behalf of workers. His decision in Hwang v. Kansas
It benefits a business to hire persons with disabilities. As David Hendricks, columnist with the San Antonio Express News points out, persons with disabilities are loyal workers. Mr. Hendricks recounts the time when Marriott Global Reservations hired a person with blindness. The hiring manager was nervous simply about interviewing a person who was blind. But,
A jury in state court awarded $240,000 to a detective with the Austin, Texas Police Department. Amy Lynch sued the department for discrimination. Ms. Lynch was a long-time law enforcement officer who was diagnosed with narcolepsy in 2009. Soon after, she was transferred from her high profile assignment in the Human Trafficking and Vice unit
The Fifth Circuit reversed a summary judgment, but the district court ruling was by Judge Lynn Hughes in Houston. So, perhaps that is not so surprising, after all. I have written about Judge Hughes before here and here. In the case of Cannon v. Jacobs Field Services North America, Inc., No. 15-20127 (5th
Almost always, a pro se plaintiff loses. Pro se describes a plaintiff who represents herself. Many folks are forced to represent themselves when issued a 90 day right-to-sue letter. Ninety days is very little time in which to find an employment lawyer. Most persons with a right-to-sue letter start by calling personal injury firms. It
The U.S. Supreme Court has issued its decision in Young v. UPS. Young concerned a female driver who became pregnant and was then refused an accommodation involving lifting restrictions. She could not lift over a certain weight limit. The plaintiff argued that she was treated differently than non-pregnant drivers with disabilities who could receive
The jury in Alonzo-Miranda v. Schlumberger Technology has returned a verdict. The jury found in favor of the veteran and awarded him $29,000 in total damages. That amount includes $5,386.50 in lost overtime wages and $23,205 in compensatory damages (emotional suffering type damages). The jury declined to award punitive damages. The jury deliberated for about
The jury in Iraq veteran Juan Alonzo-Miranda’s case deliberated all day Friday and still could not reach a verdict. At one point, they sent the judge a note saying they could not reach a unanimous agreement. Judge Lamberth, however, told them to continue deliberating. The two opposing lawyers agreed they would accept a 7-1 verdict.