I previously wrote about the federal court’s interpretation of the Texas Election Code here. In that decision, the Western District of Texas found that fear of contracting the coronavirus does indeed constitute a disability. Now, the Texas Supreme Court has weighed in. TheTexas Supreme Court reached the opposite conclusion, that fear of the virus

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

The Office of Special Counsel has found in favor of Dr. Bright. I previously wrote about Dr. Bright here. The quickness of the finding underscores the strength of Dr. Bright’s case. I have yet to get the OSC to even conduct an actual investigation in any of my cases. OSC has recommended that Dr.

Coronavirus FAQ:

My job expects me back to work next week. My spouse has an underlying condition and I am afraid I might bring the virus home to him. Do I have to go back to work?

If the underlying condition is serious enough that it rises to the level of a disability, then you

We are in the middle of a pandemic. Obviously. How will that work in closely confined spaces? Not well. Tyson Foods published a warning this last weekend, stating the nation’s food supply was at risk due to infections. The Trump Administration responded within days by issuing an order under the Defense Production Act that all

Secretary Modly’s visit to the Theodore Roosevelt (the “TR”) reflected a complete lack of leadership. According to the transcript, the Secretary essentially fussed at the crew for supporting Capt. Crozier. He told them to take care of one another and not to complain. See transcript here. Consider how public media came to possess a

One question that has arisen regarding this outbreak is can employers be liable if their employees contract the coronavirus? The Occupational Safety and Health Act has a general provision requiring employers to provide a safe working environment for its workers. That provision requires employers to provide a place of employment which is free from “recognized

These are trying times, by any standard. This veteran of Iraq is starting to have war flash backs. If your employer is not taking precautions for the coronavirus, can you as an employee do anything about it? Yes, any worker can discuss with another worker any “term and condition” of the  job. That protection comes

David Lat has been transferred out of the ICU. He has been taken off the ventilator. The founder of the Above the Law blog appears to be doing much better. His condition is serious but stable. He still needs an oxygen machine, but has progressed to solid foods. He  See the ABA Bar Journal report