Discrimination

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The Americans with Disabilities Amendment Act was passed during the Bush administration.  It became effective in September, 2009.  We are just now seeing cases that fall under the ADAAA.  One of the bigger changes wrought under the ADAAA concerns "regarded as" disabled claims.  Under the old ADA, in some appellate courts a claimant had to…

The U.S. Seventh Circuit Court of Appeals has reversed its own precedent.  It has held that the Americans with Disabilities Act may require reassignment accommodation involving transfer into a position, rather than just allowing the employee with a disability to apply for the position.  It is a rare case where reassignment would be the appropriate…

in a recent decision, the Fifth Circuit in New Orleans reversed summary judgment.  In Johnson v. Maestri-Murrell Property Management, LLC, No. 11-30914 (5th Cir. 8/14/12), the EEOC found in favor of the employee, a very rare event.  Yet, the lower court granted summary judgment in favor of the employer.  

The Plaintiff had direct…

Last week, a federal court jury found that Corpus Christi Army Depot discriminated against and retaliated against Muprhy Junaid during his employment at CCAD.  The federal court jury awarded $150,000 in lost wages and benefits and another $500,000 in emotional pain type damages.  Mr. Junaid complained about discrimination by CCAD and then suffered discipline for…

I get calls now and then from folks who are the subject of a discrimination investigation.  The best thing you can do is cooperate with the investigation.  You are still an employee and could be terminated for failing to cooperate with an investigation.  Do not expect fairness or even high quality.  There is no duty…

People file complaints with the Equal Employment Opportunity Commission everyday.  In the 2011 fiscal year, some 9,900 charges were filed in Texas.  The charge starts with a questionnaire filled out by the employee.  An EEOC worker then prepares a charge for the complainant based on the questionnaire.  In theory, the complainant would review the proposed…

In a rare victory for the worker, the Fifth Circuit reversed summary judgment for the employer.  In Schirle v. Sokudo USA, Inc., No. 11-10788 (5th Cir. 7/31/12), the plaintiff alleged he was discriminated against because he was non-Japanese.  Sokudo and the other defendants are Japanese owned corporations.  Mr. Schirle also claimed that he suffered an…

Changing sex is now a protected classification in the eyes of the EEOC.  In Macy v. Eric Holder, a federal employee tried to file a complaint alleging discrimination against her because of her sex – that is, her gender as related to her transgender status.  The federal EEO officer refused to accept her charge.

The Texas Supreme Court has issued another decision which undercuts the rights of consumers.  In Mission ISD v. Garcia, the Supreme Court looked at the prima facie case necessary for age discrimination.  The Court found that a plaintiff must be able to show that s/he was replaced by someone younger.  In Garcia, the…