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
One often overlooked aspect of Americans with Disabilities Act is that this statute also protects persons who have an association or relationship with a person who has a disability. See 42 U.S.C. §12112(b)(4). 20 C.F.R. §1630.8 defines the association as relationships based on family, business, social or other sorts of relationships. The statute and regulation
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
According to a recent study, lawsuits based on family care or pregnancy discrimination are on the rise. The Center for Worklife Law at the University of California produced the study. The Center found that lawsuits based on pregnancy discrimination or caring for family members more than tripled from 2006 to 2015. The study also found
The Fifth Circuit issued a strained interpretation of events in the recent case of Norbach v. Woodland Village Nursing Center, Inc., No. 13-60378 (5th Cir. 6/18/2015). In Norbach, the employee at a nursing home refused to pray the rosary with a resident. She was asked to do so by a co-worker. She was
In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944 (5th Cir. 8/10/2015), the Fifth Circuit overruled the district court’s summary judgment. The court addressed a frequent issue, who is responsible for the termination of temporary employees? But, in so doing, the higher court also addressed a more frequent issue, how
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,
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
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