In a recent decision, the Fifth Circuit cleared up some confusion regarding how to show disability discrimination. In EEOC v. LHC Group, Inc., No. 13-60703 (5th Cir. 12/11/2014), the court noted that Fifth Circuit jurisprudence had three different versions of a prima facie case for showing disability discrimination. All three versions required the plaintiff
The Deck is Stacked Against the Plaintiff
In many ways, the deck is stacked against the discrimination victims. Most folks who believe they have been subjected to discrimination put off seeing a lawyer. Many, a great many folks go directly to the EEOC, trusting in the federal government. The EEOC means well, but it is over-worked and under-staffed. Many EEOC workers are
Employer Can Require a More Healthy Workforce?
The health of workers will affect the amount an employer must pay for health insurance. The more ill a workforce is, the more the employer (and the employees) must pay for insurance premiums. That cost saving could lead to employers hiring only healthy workers. Or, it could cause employers to ask employees to take routine
Description as a “Liability” Could Constitute Direct Evidence
Alan Demyanovich worked for 20 years for Cadon Plating & Coating, which applies coatings in the automobile industry. Mr. Demyanovich developed heart problems in 1999, but returned to work and worked another ten years. In 2009, his heart condition worsened. He took substantial time off. In February, 2010, he again asked for FMLA leave. His
Texas AG Blocks ADA Lawsuits with Frivolous Defense
The Americans with Disabilities Act applies to most employers and public buildings. State agencies can claim sovereign immunity and avoid an ADA lawsuit entirely. But, states waive that sovereign immunity if the agency accepts federal funding. In the past ten years or so, there have been a surge of ADA lawsuits seeking access to public
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
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
Second Circuit Finds That Arriving On Time Is Not Always An Essential Function
There has been much talk in law review articles and some seminars about the disappearing jury trial in federal courts. The courts are granting dismissals and summary judgments more and more. So, these days, the true battle is often over the employer’s motion for summary judgment. Mike Maslanka recognizes that new dymanic when he pens
Patriots Cut Defensive Tackle Due to Diabetes
The New England Patriots recently cut Defensive Tackle Kyle Love. They cut him two weeks after his diagnosis with Type 2 Diabetes. As Jon Hyman points out at Ohio Employer’s Law Blog, that cut probably violates the Americans with Disabilities Act. The Patriots explained they cut him over concern for his "recovery time." See Jon’s
ADA Amendments Act Changes “Regarded As” Claims
The Americans with Disabilities Amendment Act was passed during the Bush administration. It became effective in September, 2009. We are just now seeing cases that fall under the ADAAA. One of the bigger changes wrought under the ADAAA concerns "regarded as" disabled claims. Under the old ADA, in some appellate courts a claimant had to