In Harmon v. Texas Southern Univ., No. 14-21-00125 (Tex.App. Corpus Christi 6/15/2023), the court denied the employer’s Plea to Jurisdiction. It also looked behind the employer’s weak arguments about what its supervisor knew. Ms. Harmon had taught at Texas Southern for some 16 years, when her knee gave her so much trouble that she
An issue that has percolated for many years is whether an employer must offer a transfer to an open position as an accommodation to a person with a disability. Adrianna Cook worked for the Methodist Hospital for several years when she injured her back in 2012. She then worked in a light duty position for
In Austgen v. Allied Barton Security Services, LLC, No. 19-20613, 2020 U.S. App. LEXIS 20085 (5th Cir. 6/26/2020), a security officer, working for the Port of Houston, encountered back pain in inspecting vehicles. The pain was chronic and had been aggravated by climbing around vehicles. His employer told him to stay home on unpaid
When you ask for an accommodation, you need to be careful what you ask for. Because, you just might get it. That is an old saying and it applies to the decision in Dillard v. City of Austin, 837 F.3d 557 (5th Cir. 2016). Derrick Dillard worked for the City of Austin. He was
There are more and more veteran needing the use of a service dog. A trained service dog will perform several tasks of a veteran suffering from PTSD:
What are the most costly Human Resources errors? The good folks at Delaware Employment Blog mention four:
That is, Ms. DiBianca refers to HR’s failure to adequately consider requests for accommodation. The employee need not mention the word "accommodation." The employee
The ADA was amended substantially in 2009. See prior discussion here. With the new ADA in place, disability cases will be more about the accommodation process and less about whether a person is disabled. Workplace Prof discusses a case that sheds some light on the accommodation process. An employee seeking accommodation must present his/her
The Fifth Circuit Court of Appeals issued a good decision on reasonable accommodation recently. EEOC v. Chevron Phillips Chemical Co., LLP. One of the few decisions to plumb the depths of acommodation and how the interactive process should work. The lower court granted summary judgment in favor of the employer. That is