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
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
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
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
The Sixth Circuit has rendered a decision regarding a veteran who sued under the Rehabilitation Act of 1973, 29 U.S.C. §791. The Rehab act applies to federal employees who have disabilities. The Americans with Disabilities Act was based in large part on the Rehab Act. In this Sixth Circuit decision, the appellate court affirmed the
The Texas Bar Association was sued for discrimination. Montgomery Miller, a 15 year employee for the bar, complained to his supervisor about problems with his foot. He said he suffered from several maladies causing foot pain. Two weeks later, he was fired. See Texas Lawyer report. The suit has now settled within just a