Texas Employment Law Blog

Texas Employment Law Blog

Employment Law and Discrimination Issues

Category Archives: Disability Discrimination

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Federal Judge: Anti-Discrimination Laws Have Been “Gutted”

Posted in Age Discrimination, Disability Discrimination, FMLA, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination, Trial Practice & Litigation Issues
As we prepare to celebrate the fiftieth anniversary of the March on Washington and the passage of the Civil Rights Act of 1964, that law has been gutted. This seems to be the growing consensus among academics, employment attorneys and judges. Harvard Law School professor and former federal judge Nancy Gertner writes about the sad … Continue Reading

“Big Data” Could Create Big Discrimination Problems

Posted in Age Discrimination, Disability Discrimination, FMLA, HR Management, Pregnancy Discrimination, Race / National Origin Discrimination, Sexual Discrimination, Social Media
According to Microsoft principal researcher Kate Crawford, personal data harvested by marketers is growing so vast and far reaching that it is threatening to unleash a new wave of digital discrimination, one that ordinary people won’t even be able to see happening. Combining the troves of information collected by retailers, mobile carriers, Internet companies and … Continue Reading

The Death of the Jury Trial in Federal Court

Posted in Age Discrimination, Disability Discrimination, FMLA, Lawsuit Filings, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination, Trial Practice & Litigation Issues
Came across this article over the weekend by Lynne Bratcher.  Lynne is one of the greatest employee-side attorneys in the country. In her article she laments the fact that federal jury trials are all but a thing in the past.  Unfortunately she is right. According to this article in the National Law Journal in 1962, 11.5% of … Continue Reading

Fifth Circuit Finds for Employee in Important ADA Case – More Expansive Interpretation of Required Accommodations

Posted in Disability Discrimination, Other Articles
This week the Fifth Circuit issued a very pro-employee decision on an important ADA question that has remained open until now.  In Feist v. Louisiana, the question presented was whether an employer is obligated to provide only an accommodation designed to help the employee perform the essential functions of the job OR must an employer … Continue Reading

Employees: HR is NOT Necessarily There to Help You

Posted in Age Discrimination, Disability Discrimination, FMLA, HR Management, Noncompete Law, Overtime Law, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination, Unemployment & COBRA, Wage & Hour Law, Workers Compensation Discrimination, Workplace Injuries
A good article by Alison Green last week discussing the difference between what many employees believe is the role ofHR and the reality of what function actually serves in a company. Here are her main points: HR isn’t there to be your advocate.  HR isn’t obligated to keep what you tell them confidential, even if you ask them to. … Continue Reading

Courts Continue Chipping Away at Employees’ Rights

Posted in Age Discrimination, Disability Discrimination, FMLA, Legislation, NLRB, Noncompete Law, Overtime Law, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination, Wage & Hour Law, Workplace Injuries
Thanks to the near death of organized labor, pro-big business decisions by activist anti-employee courts and some creative lawyering on the part of employers, employees’ rights continue to be slowly chipped away in this country. While there is naturally an imbalance of power between employers and their employees, the recent poor economy and these employment … Continue Reading

More Lawsuits on the Way Because Companies Are Still in Denial About Discrimination in the Workplace

Posted in Age Discrimination, Disability Discrimination, HR Management, Pregnancy Discrimination, Race / National Origin Discrimination, Sexual Discrimination
In the article, In denial: Corporate America’s blindness to gender discrimination the author, Jonathan A. Segal, makes some good points regarding the continued presence of gender discrimination in the workplace. The article points out that business risks, just like legal risks, come hand-in-hand with gender discrimination. “How can a company expect to survive, let alone thrive, if … Continue Reading

Weighing the Pros and Cons of Employer Wellness Programs

Posted in Disability Discrimination, FMLA, HR Management
As employer wellness programs become increasingly more common, so do questions regarding their benefits and drawbacks. On May 8, 2013, the EEOC issued a press release that outlined a meeting of a panel of representatives of business, advocacy groups, and providers held that same day. You can read the full press release here. According to … Continue Reading

Straight Talk on Harassment from EEOC Regional Attorney, Robert Canino

Posted in Age Discrimination, Disability Discrimination, Race / National Origin Discrimination, Sexual Discrimination
The EEOC has released a series of helpful videos regarding various issues relating to discrimination in the workplace but they can be a little difficult to locate so we thought we would start posting them here as well.  This week EEOC Attorney, Robert Canino, discusses some important issues relating to harassment in the workplace.   … Continue Reading

Scooter Store Pays $99,000 to Settle ADA Suit

Posted in Disability Discrimination, Verdicts & Settlements
The U.S. Equal Employment Opportunity Commission (EEOC) has settled a disability discrimination lawsuit against The Scooter Store, a nationwide, Texas-based retailer, the agency announced today. The terms of the settlement require The Scooter Store to pay money damages to a disabled former employee and to make changes designed to prevent discrimination and retaliation. According to … Continue Reading

Veterans’ Day 2012 – Information Re Employment of Veterans with Disabilities

Posted in Disability Discrimination
Today we express our thanks and gratitude to the veterans who have served and sacrificed so much to guarantee the freedoms that the rest of us enjoy.   Unfortunately, many veterans who return from service have a great deal of difficulty finding employment once they are back in the States.  Often this is due to disabilities … Continue Reading

Reading: A Critique of the Stray Comment Doctrine in Employment Discrimination Law

Posted in Age Discrimination, Disability Discrimination, Pregnancy Discrimination, Race / National Origin Discrimination, Sexual Discrimination, Trial Practice & Litigation Issues
 Reading a recent article authored by Kerri Lynn Stone and published by Florida International University’s Legal Studies Research Paper Series.  The article discusses the growth of the so-called "stray-remarks" doctrine from a its beginning as a relatively narrow idea to its current state – a tool used too often to ignore summary judgment evidence and … Continue Reading

$820,000 Disability Verdict Against Orange County

Posted in Disability Discrimination, Verdicts & Settlements
Michael Futterman and Jaime Touchstone (HR Hero) take a close look at this case – "County hammered with $820,000 verdict for not protecting disabled employee" Ralph Espinoza worked for the Orange County Probation Department as a deputy juvenile corrections officer. He was born without fingers on his right hand. He was able to perform most … Continue Reading

Texas Leads The Nation In EEOC Charge Filings

Posted in Age Discrimination, Disability Discrimination, HR Management, Lawsuit Filings, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination
This blog’s humble author is quoted in a Law360 story today about the dubious distinction Texas has as the state responsible for more EEOC Charge filings than any other state: "More federal workplace discrimination charges were filed in Texas than in any other state in 2011, with 10 percent of all charges nationwide lodged there, … Continue Reading

EEOC Issues Revised Publications on Employment of Veterans with Disabilities

Posted in Disability Discrimination
The U.S. Equal Employment Opportunity Commission (EEOC) today issued two revised publications addressing veterans with disabilities and the Americans with Disabilities Act (ADA). Both documents are available on the agency’s website at www.eeoc.gov. The revised guides reflect changes to the law stemming from the ADA Amendments Act of 2008, which make it easier for veterans … Continue Reading

Martin Luther King, Jr.

Posted in Age Discrimination, Disability Discrimination, HR Management, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination
"This is not a black holiday; it is a people’s holiday," — Coretta Scott King, Nov. 2, 1983.  A Baptist minister, King became a civil rights activist early in his career. He led the 1955 Montgomery Bus Boycott and helped found the Southern Christian Leadership Conference in 1957, serving as its first president. King’s efforts … Continue Reading

Texas Company Sued Under ADA for Discrimination Against Mentally Disabled Workers

Posted in Disability Discrimination
Texas company Hill Country Farms is accused of severely abusing and discriminating against 31 mentally disabled men who worked at its Iowa turkey processing plant, in a federal lawsuit filed last Wednesday by the U.S. Equal Employment Opportunity Commission. According to the lawsuit, No. 3:11-cv-0004 CRW-TJS , filed in U.S. District Court for the Southern … Continue Reading

7th Circuit: Medical Testimony Not Needed to Establish Substantial Limitation in a Major Life Activity Under the ADA

Posted in Disability Discrimination
The Seventh Circuit has held that a plaintiff need not present medical testimony to raise a triable issue that he is substantially limited in a major life activity and therefore entitled to reasonable accommodation under the ADA. (EEOC v. AutoZone Inc., 7th Cir., No. 10-1353, 12/30/10). From 1999 until 2004, John Shepherd worked as a … Continue Reading