What is a disability? A potential client asked me that recently. A broken leg, for example, is not an impairment that would qualify for coverage under the Americans with Disabilities Act. To qualify as a disability, the impairment must be permanent or something like permanent. It must also be serious. In Datar v. National Oilwell

Howard Cohan visits many public establishments. Mr. Cohan is restricted to a wheelchair. He is disabled. But, he visits these public establishments in Florida to see if they are accessible to persons with disabilities. Many restaurants, stores and motels get nervous when they see him rolling toward their front door. See Cohan v. Southeastern

It benefits a business to hire persons with disabilities. As David Hendricks, columnist with the San Antonio Express News points out, persons with disabilities are loyal workers. Mr. Hendricks recounts the time when Marriott Global Reservations hired a person with blindness. The hiring manager was nervous simply about interviewing a person who was blind. But,

A recurring question is what can an interviewer can ask in a job interview. Here are some things to consider…… or not.

1. How old are you? Be very careful about asking this question. There are very few jobs where age is an appropriate question for a job interview. If asked at the wrong time,

I used to work at Disability Rights of Texas. I learned that some folks have some very obscure disabilities. One such disability is arthrogryposis. The impairment causes a person to have paralyzed arms. A reporter, Serge Kovaleski, suffers from arthrogryposis. The reporter wrote a story just after 9/11 quoting some law enforcement officials that some

Many years ago, when I was a captain in the Texas National Guard, I was involved in a new military unit. It is not often in one’s career that you are involved in “standing up” a brand new unit from scratch. Our RCPOC (Rear CP Operations Cell) had a new paragraph and line number on

Yes, in federal court, either party can be sanctioned for its conduct during a lawsuit. Sanctionable conduct must be pretty egregious. National law firm, Littler Mendelson requested sanctions against a plaintiff who lost a summary judgment motion. Elaine Barley had sued Fox Chase Cancer Center in Philadelphia. Ms. Barley alleged that Fox did not accommodate

Courtesy of creationc

Employment cases are exceedingly difficult, with numerous deadlines and traps for the unwary. We see some of these traps in the case of Prewitt v. Continental Automotive, No. 12-CV-582 (W.D. Tex. 8/28/2014). In this case, Larry Prewitt alleged that he had been terminated due to several reasons: race discrimination