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

In a recent opinion, the Fourth Circuit Court of Appeals has found that a sufficiently severe temporary impairment may constitute a disability under the Americans with Disabilities Act, as amended.  Carl Summers hurt himself on the job.  He was carrying a large bag and injured both legs.  With a torn meniscus and a leg fracture

Justin Slaby has walked a long road.  He lost his left hand in an Army training accident in 2004.  He applied for and was accepted by the FBI.  He was then kicked out of the FBI Special Agent academy.  He filed suit based on disability discrimination and won. The court ruled that he should not

The Scooter Store is in trouble. The Scooter Store settled a disability discrimination lawsuit just a few months ago.  See my prior post about the Scooter Store settlement.  In January, a CBS News report suggested the power wheelchair companies were "ripping off the government."  In February, the FBI and other agencies executed search warrants at

When a person with a disability requests an accommodation, the employer must engage in an "interactive process" to arrive at a workable accommodation.  The Americans with Disabilities Act requires the employer and employee to discuss possible alternatives.  Every disability and every person is different.  So, the possible alternatives will vary greatly.  One thing the employer

 Filing charges of EEOC complaints has reached an all-time high.  Though just a small increase over 2010, the filings reflect the state of the economy.  Filings generally rise when the economy worsens.  That is due, I believe, to employers taking advantage of the economic "cover" to get rid of employees and more terminations simply cause