Americans with Disabilities Act

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

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

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

The American Bar Association periodically publishes brief papers on topics of popular interest. They call the papers “Fact Check” papers. The ABA has published a Fact Check paper on whether and to what extent an employee can refuse to work at unsafe work places. See that paper here. The paper points to the general

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,

Many veterans have returned from the two wars with some degree of PTSD. I myself have some low level PTSD in limited situations. But, that does not mean we cannot perform our jobs. In Alviar v. Macy’s Inc., No. 17-1130 (5th Cir. 8/15/2019), the Fifth Circuit reversed an award of summary judgment. Plaintiff Alviar

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

If you are a person with an impairment, should you volunteer information about your impairment during an interview? When I worked at Disability Rights of Texas, we advised persons with disabilities to not discuss their impairment until necessary. An employer cannot lawfully ask about an impairment until a job offer