The jury will decide whether Juan Alonzo-Miranda needed a dog at work to deal with his PTSD. The testimony wrapped up yesterday in the trial regarding his request for an accommodation. Schlumberger hired a psychiatrist to testify. Dr. Seth Silverman never examined Mr. Alonzo-Miranda. All he knows is what he learned by reading documents. But,
Schlumberger Tried to do All It Could to Accommodate
On the third day of Juan Alonzo-Miranda’s trial, he was cross-examined by the defense lawyer. The lawyer elicited testimony from the mechanic that when he was evacuated by ambulance to the VA hospital in May, 2012, the emergency room examination revealed problems with his wife and that he was contemplating suicide. But, the report did
Veteran Tried to Satisfy Employer’s Requirements
Every victim of discrimination experiences what Juan Alonzo-Miranda experienced. After he requested the use of a service dog at work, his employer treated him like the “enemy.” Instead of helping him become a better worker, the employer treated him like the enemy. Crying at times, he described his ordeal in trying to satisfy the employer’s
Veteran Sues to Bring His Service Dog to Work
There are more and more veteran needing the use of a service dog. A trained service dog will perform several tasks of a veteran suffering from PTSD:
- Watch your back. This is critical to a veteran who constantly looks over his/her shoulder for perceived danger.
- Place himself between the veteran and others who come too
Flexible Work Schedule Can be a Reasonable Accommodation
I have written before about flexible work schedules. See my prior posts here and here. Sometimes, a worker with a disability will need a flexible work schedule as an accommodation. Recently, the District of Columbia Court of Appeals has affirmed that yes, flexible work schedules can be a reasonable accommodation. In Solomon v. Vilsack
Fourth Circuit Finds Temporary Impairment Covered by ADA
In a recent opinion, the Fourth Circuit Court of Appeals has found that a sufficiently severe temporary impairment may constitute a disability under the Americans with Disabilities Act, as amended. Carl Summers hurt himself on the job. He was carrying a large bag and injured both legs. With a torn meniscus and a leg fracture
A Plaintiff Must Show Respect for the Employer
Discrimination lawsuits are hard to win. I have written many blog posts about that difficulty. One federal judge recently even wrote that Judges are killing Title VII. See my blog post about Judge Kopf’s blog post. Prosecuting a discrimination case is an uphill climb. So, it is important that any plaintiff do nothing to
Accommodations Apply to More than Essential Functions
In the recent case of Feist v. State of Louisiana, No. 12-31065, 2013 WL 5178846 (5th Cir. 9/16/13), the appellate court reversed summary judgment in favor of the employer. The case concerned a lawyer employee who asked for a closer parking space, instead of a space some blocks distant. Ms. Feist experienced pain in
Army Veteran Wins Trial Against FBI
In a remarkable advance for persons with disabilities, Justin Slaby won his discrimination lawsuit against the FBI. The jury returned a verdict awarding Mr. Slaby $75,000 in compensatory (emotional suffering) damages. Because the government is the defendant, punitive damages are not available. The court will determine the details regarding whether Mr. Slaby should be reinstated
FBI Rejects Army Veteran with Prosthetic Hand
As regular readers may recall, I served in Iraq from 2005-06. I was an Army Reserve officer at the time. So, I am a bit sensitive to veterans issues. One such case concerns Justin Slaby, a veteran of two tours in Iraq and one tour in Afghanistan. Mr. Slaby was about to deploy again