Congress passed the Families First Coronavirus Response Act (FFCRA) in March, 2020 in response to the coronavirus pandemic. Soon afterward, Congress also passed the Emergency Paid Sick Leave Act (EPSLA). As the name suggests, the EPSLA allowed employees to take time off from work to quarantine due a possible covid19 infection. The leave requirements portion
Choice of Two Reasonable Accommodations Lies with the Employer
In Austgen v. Allied Barton Security Services, LLC, No. 19-20613, 2020 U.S. App. LEXIS 20085 (5th Cir. 6/26/2020), a security officer, working for the Port of Houston, encountered back pain in inspecting vehicles. The pain was chronic and had been aggravated by climbing around vehicles. His employer told him to stay home on unpaid
Western District Denies Summary Judgment
In a small town police force, one officer is going through some serious emotional issues. His former girlfriend and mother of their child is seeing a senior officer on the same small police force. In March, 2018, the chief of the police force referred Office Michael Grelle to a clinical psychologist for an evaluation. The
11th Circuit Says Websites Need Not Be Accessible
The Americans with Disabilities Act prohibits public places of accommodation from erecting barriers to persons with disabilities. This portion of the ADA is known as Title III. This is the provision that requires, for example, entrance ramps at restaurants and stores. Does Title III also apply to websites? The Eleventh Circuit Court of Appeals in
Western District Denies Summary Judgment
In Rodriguez v. Dollar General Corp., No. SA-19-CV-00713 (W.D. Tex. 7/30/2020), we see the uncommon instance in which the Western District does not accept the Defendant’s mis-characterization of the Plaintiff’s evidence. The case concerns a warehouse supervisor who suffered from diabetes. The diabetes lead to complications which caused pain and swelling in his feet.
Northeast ISD Teachers Fear Working Conditions
Teachers are more and more being asked to bear the brunt of the battle with COVID19. As I mentioned in a prior post, Gov. Abbott has ordered that school districts provide in-person instruction to any student desiring it. See my prior post here.
Yet, neither the state or federal governments have offered the districts
Teachers Unprotected from COVID19
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
Valero Requires Everyone to Work from Work
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
Collister Seeks Disqualification of Defense Counsel
What happens when a large employer first learns it is being sued for discrimination? How does that first phone call with counsel go? In most lawsuits, we never know. But, we get some clues in the case of Brian Collister v. KXAN. Mr. Collister, an investigative reporter who has worked in various Texas cities,
COVID19 Fears at Work
So, a friend called me. She is a lawyer in small town Louisiana. She has been working a few years for a Public Defender’s office in a parish seat. She has been working from home, but now they want her back by next Monday. My friend has been diagnosed with Diabetes Type II. She also