Disability Discrimination Law

EEOC employment lawyers busy this month on employment discrimination (2017)

Age Discrimination Law, Disability Discrimination Law, Employment Litigation Attorneys, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law, Wrongful Termination Law

EEOC lawyers have had a busy September starting and settling employment discrimination lawsuits. The EEOC accepts charges of employment discrimination in Fort Worth and Dallas at the Dallas, Texas office. Employment lawyers in Texas represent employees in these types of employment discrimination lawsuits. The following is just the listing of the EEOC activity reported in […]

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Are EEOC complaints confidential in Texas?

Age Discrimination Law, Disability Discrimination Law, Employee rights lawyer, Employment Litigation Attorneys, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law, Wrongful Termination Law

Employees suffering employment discrimination often worry about the effects of reporting employment discrimination to the EEOC. This is especially true for employees who still work at the job where discrimination occurs. Retaliation for complaining about employment discrimination is a real and serious concern. This concern may lead workers to not contact the EEOC or an

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EEOC mediation and lawsuit settlement amounts in Texas

Age Discrimination Law, Disability Discrimination Law, Employment Litigation Attorneys, Racial Discrimination Law, Religious Discrimination Law, Sex Discrimination Law, Wrongful Termination Law

EEOC mediations and lawsuits often end in settlement of claims for employment discrimination in Texas, including wrongful termination. An important question for many employees filing employment discrimination claims with the EEOC is what they can expect in a settlement. Many employment discrimination complaints filed with the EEOC in Dallas settle either in mediation with the

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Employees must engage interactive process in good faith for ADA failure to accommodate claims in Texas

Disability Discrimination Law, Employee rights lawyer, Employment Litigation Attorneys

ADA (Americans with Disabilities Act) and the Texas Labor Code require employers to provide reasonable accommodations to employees with qualified disabilities. A reasonable accommodation allows a disabled employees equal access to the workplace and allow them to perform the essential functions of their jobs. Many employers refuse to provide any reasonable accommodation. This results in a failure

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Can you be discriminated against for having a history of disability under the Americans with Disabilities Act?

Disability Discrimination Law, Employment Litigation Attorneys

Although the Americans with Disabilities Act (ADA) was enacted 1991, as an employment discrimination attorney I continue to see employees suffer discrimination on the basis of a disability. Sometimes discrimination is based upon a disability cured or treated and no longer presents an issue for the employee. Under the ADA and the Texas Labor Code’s prohibition

Can you be discriminated against for having a history of disability under the Americans with Disabilities Act? Read More »

Can I take FMLA leave and leave under the ADA at the same time?

Disability Discrimination Law, Employee rights lawyer

Sometimes an employee has a medical condition or disability that qualifies for FMLA leave and leave under the Americans with Disabilities Act (ADA) as a reasonable accommodation. The issue how to protect the employee’s job through protected leave under the ADA and FMLA is complicated. Each law provides a different set of rights to leave

Can I take FMLA leave and leave under the ADA at the same time? Read More »

The McDonnell Douglas burden shifting framework

Disability Discrimination Law, Employment Litigation Attorneys

Employment discrimination lawsuits are complex suits due to the intense focus on the facts and law involved. Many employment discrimination cases never make it trial because they fail to survive summary judgement. (Or because they settle at some point before trial.) In the journey of litigating an employment discrimination claim many reach summary judgment. Summary judgment is

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Is a Texas firefighter who can’t fight fires disabled under the Americans with Disabilities Act?

Disability Discrimination Law, Employment Litigation Attorneys

Disability discrimination under the Americans with Disabilities Act and the Texas Labor Code (and formerly the Texas Commission on Human Rights Act or TCHRA) is not always a well understood subject in employment law. It is an even more difficult subject following the late 2000s expansion of the federal and state disability discrimination laws to

Is a Texas firefighter who can’t fight fires disabled under the Americans with Disabilities Act? Read More »

Can you count on the EEOC to file a lawsuit for you in Texas? Fort Worth employment lawyer discusses

Age Discrimination Law, Disability Discrimination Law, Employee rights lawyer, Employment Litigation Attorneys, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law

The Equal Employment Opportunity Commission (EEOC) released its 2014 performance report recently with some disappointing results about how charges of discrimination (the employment discrimination complaints filed with the EEOC) resolve. Of the 88,778 private sector charges filed the EEOC “resolved” 87,442 of those charges. That does not mean a favorable result occurred for the charging

Can you count on the EEOC to file a lawsuit for you in Texas? Fort Worth employment lawyer discusses Read More »

Should I talk to an attorney before I go to the EEOC in Texas?

Age Discrimination Law, Disability Discrimination Law, Employment Litigation Attorneys, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law

If you believe you are the victim of employment discrimination then in most cases you need to file a complaint with the EEOC or Texas Workforce Commission Civil Rights Division. This complaint is known as a charge of discrimination. A charge of discrimination invokes the agency’s power to investigate your claims. If they find probable cause

Should I talk to an attorney before I go to the EEOC in Texas? Read More »

Constructive Discharge and Supervisor Conduct in Texas: Fort Worth retaliation lawyer

Age Discrimination Law, Disability Discrimination Law, Employee rights lawyer, Employment Litigation Attorneys, Racial Discrimination Law, Religious Discrimination Law, Sex Discrimination Law, Wrongful Termination Law

When an employee claims an employer created a hostile work environment that resulted in a prohibited form of unlawful employment discrimination the employee must prove, among other things, that the employee suffered an adverse employment action. It is not enough that the employer was hostile towards the employee or that the employee found the workplace unpleasant.

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Frequent urinarion at work and disability discrimination in Texas

Disability Discrimination Law

Frequent urination can be caused by a number of medical conditions. Frequent restroom breaks can cause problems with the employer who wants the employee to be at his or her work station during the work day. In addition to the physical discomfort, it can be emotionally uncomfortable as co-workers or managers make comments about the

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EEOC Issues New Pregnancy Discrimination Act Guidance

Disability Discrimination Law, Employee rights lawyer, Sex Discrimination Law

Employment blogs were en fuego a couple weeks ago about the new Pregnancy Discrimination Act guidance from the EEOC. The guidance clarifies important interactions between the Pregnancy Discrimination Act and the Americans with Disabilities Act. It also addresses expanding protections under the Pregnancy Discrimination Act for the lactation provisions of the Affordable Care Act (ACA). The

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EEOC lands $180,000 settlement with employer who fired an employee for eating chips

Disability Discrimination Law, Employee rights lawyer, Employment Litigation Attorneys

The headline sounds crazier than the facts behind this case, which involves a disability discrimination suit on a wrongful termination. The case arose in a California federal district court against the employer, Walgreens. (The case is EEOC v. Walgreens.) The case involves an employee who broke a workplace rule to avoid a diabetic shock and lost her

EEOC lands $180,000 settlement with employer who fired an employee for eating chips Read More »

Does an ADA accommodation have to be the one an employee wants?

Disability Discrimination Law, Employee rights lawyer, Employment Litigation Attorneys

The Americans with Disabilities Act and the Texas Labor Code require an employer to provide a reasonable accommodation to a qualified employee to assist the employee in performing the essential functions of the employee’s job and/or access the workplace. These federal and state laws require employers to engage the employee in an interactive process to

Does an ADA accommodation have to be the one an employee wants? Read More »

Alcoholism and the Americans with Disabilities Act

Disability Discrimination Law

Let’s consider two workplace scenarios: Employee is an alcoholic and comes to work drunk. Employer fires employee. Legal? Employee is an alcoholic and seeks time off from work to enter a rehab program. Employer fires employee. Legal? The answers under the Americans with Disabilities Act and the Texas Labor Code (which includes similar anti-disability discrimination

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Federal appellate court analyzes meaning of disability under the Americans with Disabilities Act Amendments Act

Disability Discrimination Law

This month the federal Fourth Circuit Court of Appeals issued its decision in Summers v. Altarum Institute. It’s the first appellate court to address the definition of “disability” under the Americans with Disabilities Act Amendments Act (ADAAA). The ADAAA has been a tremendous source of agony for employer-side lawyers (and employers). It expanded the meaning of

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Social media and employment discrimination claims

Age Discrimination Law, Disability Discrimination Law, Employee rights lawyer, Hiring & Promotion, Racial Discrimination Law, Religious Discrimination Law, Sex Discrimination Law

A recent Pew Research poll indicates 73% of the U.S. population uses social media. It’s out there. There are so many social media outlets to choose from it’s difficult these days to find people not on multiple social media sites. Although Facebook may be suffering from a wave of withdrawal, other sites are maintaining their status

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I think I am being discriminated against at work what should I do?

Age Discrimination Law, Disability Discrimination Law, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law

If you believe you are being subjected to an illegal form of employment discrimination then you need to act quickly to preserve your claims. If you find that your workplace situation appears to fall into one or more of the types of prohibited discrimination then you should take the following steps: Dallas employment lawyer on employment discrimination

I think I am being discriminated against at work what should I do? Read More »

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