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
Judge Reverses Sanctions Request in Discrimination Case
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
Discrimination Cases Present Many Obstacles
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
Flexible Work Schedule Can be a Reasonable Accommodation
I have written before about flexible work schedules. See my prior posts here and here. Sometimes, a worker with a disability will need a flexible work schedule as an accommodation. Recently, the District of Columbia Court of Appeals has affirmed that yes, flexible work schedules can be a reasonable accommodation. In Solomon v. Vilsack
Discrimination Cases are Difficult to Win
A potential client recently assured me she could make me "wealthy" if I would accept her case for discrimination. She was responding to my gentle declination of her case. How do I explain to a potential client that what they see on television or in the movies is not real life? Sure, Erin Brockovich did
Fourth Circuit Finds Temporary Impairment Covered by ADA
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
Veteran Finally Gets his Training Day
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
Scooter Store Furloughs Employees
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
Seventh Circuit Reverses Summary Judgment on Accommodation Claim
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
EEOC Filings Rise
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