Disability Discrimination Attorneys

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

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? Texas employment lawyer explains

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

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

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?

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 …

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

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: Texas employment attorney explains

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 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 »

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

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

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

Employment blogs were en fuego a couple weeks ago about the new Pregnancy Discrimination Act guidance from the EEOC. (It must have brought a lot of traffic to the EEOC. Their website crashed for a few days this week. I was unable to pull the new guidance to discuss it.) The guidance clarifies important interactions between …

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

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 …

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

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

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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Dismissal Notice and Notice of Right to File a Civil Action

If you filed a charge of discrimination with the Texas Workforce Commission related to employment discrimination then at some point you are likely to receive a Dismissal Notice and Notice of Right to File a Civil Action. Often the reason selected in the notice will be: “The TWCCRD issues the following determination: Based upon its …

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

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

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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When can I sue for employment discrimination?

Texas and federal discrimination law prohibit only certain types of employment discrimination. An employee may file a charge of discrimination or lawsuit on employment discrimination only for a trait protected by law. If your employer takes action against your job or compensation then you must show the employer did so because you have a protected trait. The traits …

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Employment discrimination and job reinstatement

Often Texas employees who are victims of employment discrimination lose their jobs through either the employer’s direct efforts to terminate the employee or by the employer’s indirect efforts to harass the employee until he or she feels like there is no choice but to quit (this is known as constructive termination). In most cases, employees …

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