Many discrimination cases lose on motions for summary judgment. In Gutierrez v. City of Converse, No. 17-CV-01233-JKP (W.D. Tex. Jan. 10, 2020), the Western District denied in part and granted in part the City of Converse’s Motion for Summary Judgment. Ms. Gutierrez worked for the Converse Fire Department for eight years when she was

There are folks with disabilities who test websites to see if those websites are ADA compliant. I previously wrote about one tester, Deborah Laufer here. In Laufer v. Acheson Hotels, 50 F.4th 259 (2022), the First Circuit ruled that Ms. Laufer as a tester did have standing for her ADA lawsuit. Some of

In Spears v. Louisiana College, No. 20-30522, 2023 WL 2810057 (5th Cir. 4/6/2023), the appellate court addressed the situation in which an employee’s duties are are assigned to various employees. Some courts refer to this practice as “fractioning.” Carolyn Spears taught at Louisiana College for many years. She contracted cancer in 2012 and again

There are many things an interviewer can ask a job applicant. But, you do need to be careful about some questions. Here are some things to consider.

1. How old are you? Be very careful about asking this question. There are very few jobs where someone can ask you your age and the question itself

There are folks with disabilities who test public accommodations like a hobby. They do this testing across the country, often from great distances. They justifiably want to see stores, hotels, banks and more satisfy the Americans with Disabilities Act requirement to make their places of business open to persons with disabilities. But, can a tester

Ninoshka Matias tested positive for the coronavirus. She asked her employer for leave from work under the Families First Coronavirus Response Act (FFCRA). Plaintiff Matias told her employer about her positive test. That same day, her employer fired her. The employer said Matias was not a “good fit.” Matias sued for discrimination under the ADA.

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

I wrote a post the other day stating that mere fear of contracting the COVID19 virus is not a disability for purposes of the Americans with Disabilities Act. See that post here. But, in a similar lawsuit concerning mail-in balloting, the Western District of Texas has found that anxiety over the coronavirus does indeed

The ADA Amendments Act was passed in 2008 and became effective in 2009. Only now are we seeing cases interpreting those important changes. One significant change concerns the “regarded as” claim. The old ADA protected persons who were fired because they were “regarded as” disabled. But, the old ADA also required that to merit that

The Equal Employment Opportunity Commission has field suit agains Zachry Industrial for discriminating against persons with disabilities. According to the San Antonio Express News, Zachry Industrial operates a refinery in Pascagoula, Mississippi and it has fired workers after they notified their employer of a disability. Zachry Industrial is headquartered here in San Antonio. See