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News Wrongful Termination, Workers' Compensation and Work Injuries

Can your employer terminate you if you have heart disease and/or diabetes but can still do the essential functions of your job?

Written by Mr. Roger Davie on Monday, 19 Oct 2015.

Can your employer terminate you if you have heart disease and/or diabetes but can still do the essential functions of your job? Demyanovich v. Cadon Plating and Coatings, LLC, 747 F.3d 419 (6th Cir. 2014). A machine operator on a production line was terminated after requested leave related to a heart condition and diabetes. The court found that employee’s heart condition and diabetes substantially limited major life activities including standing, walking, and bending, and that there [read more]

​Can you be terminated based on not being able to meet a lifting requirement of the employer?

Written by Mr. Roger Davie on Monday, 19 Oct 2015.

Can you be terminated based on not being able to meet a lifting requirement of the employer? In the case of Complainant v. Donahoe, 2013 WL 8338375 (E.E.O.C. Dec. 23, 2013) An employee bid for, and was ultimately denied, a job as a Sales, Services, and Distribution Associate at a Postal Service facility because she had a permanent 10-pound lifting restriction resulting from a shoulder injury. The Postal Service claimed that one of the job’s essential functions was the ability to lift [read more]

Can vision problems be a disability under the Americans with Disability Act (ADA) or its amendments (ADAAA).

Written by Mr. Roger Davie on Monday, 19 Oct 2015.

Can vision problems be a disability under the Americans with Disability Act (ADA) or its amendments (ADAAA). In Nathan v. Holder, 2013 WL 3965241 (E.E.O.C. July 19, 2013) an employee filed a complaint under Section 501 of the Rehabilitation Act. The applicant for employment was a rejected applicant for an FBI Special Agent position. The EEOC concluded that a vision requirement used to exclude the applicant because of his monocular vision was a qualification standard, not an essenti [read more]

Can your employer ask about your criminal past?

Written by Mr. Roger Davie on Monday, 02 Nov 2015.

Can employers ask about your criminal background? President Obama signed an executive order today banning Federal employers from asking about applicants about their Criminal past. Studies show that it is highly unlikely that a person convicted of a crime will be offered employment once they admit to a criminal past. As an El Paso employment lawyer I see it time after time that persons with even a minimal criminal background are unable to find a job. If they lie about their crimina [read more]

Is a back injury a disability that protects employees under the Americans with Disability Act (ADA) or its amendments (ADAAA)?

Written by Mr. Roger Davie on Monday, 19 Oct 2015.

Is a back injury a disability that protects employees under the Americans with Disability Act (ADA) or its amendments (ADAAA)? The Eleventh Circuit recently addressed this issue in the case of Mazzeo v. Color Resolutions Int’l, LLC, 746 F.3d 1264 (11th Cir. 2014). Mr. Mazzeo was a sales representative who was terminated shortly after he asked for time off for surgery to repair a herniated disc. Citing to provisions in the amendments in the Americans with Disability Act (ADAAA) and th [read more]

​Is High Blood Pressure a disability under the Americans with Disability Act (ADA) and its amendments (ADAAA)? Can you leave work if you have a spike in your high blood pressure without being penalized?

Written by Mr. Roger Davie on Monday, 19 Oct 2015.

Is High Blood Pressure a disability under the Americans with Disability Act (ADA) and its amendments (ADAAA)? Can you leave work if you have a spike in your high blood pressure without being penalized? The Seventh Circuit Court of Appeals recently was presented with this question? In Gogos v. AMS Mechanical Systems, Inc., 737 F.3d 1170 (7th Cir. 2013) a welder/pipefitter was terminated when he asked to leave work because of a spike in his high blood pressure and a related visual pro [read more]

Is a Temporary Back Injury a Disability under the Americans' With Disability (ADA) and its Amendments (ADAAA)? Does the ADAA Cover Injuries?

Written by Mr. Roger Davie on Monday, 19 Oct 2015.

Is a Temporary Back Injury a Disability under the Americans' With Disability (ADA) and its Amendments (ADAAA)? Does the ADAA Cover Injuries? In the case of Summers v. Altarum Institute, Corp., 740 F.3d 325 (4th Cir. 2014). An employee (a senior analyst for a government contractor), was terminated while on short-term disability for injuries incurred when he fell getting off a subway car. The employee’s injuries, a broken left leg, a broken right ankle, and tor [read more]

Is Social Anxiety a disability under the Americans With Disability Act (ADA) and its Amendments (ADAA)?

Written by Mr. Roger Davie on Monday, 19 Oct 2015.

Is Social Anxiety a disability under the Americans With Disability Act (ADA) and its Amendments (ADAA)? In the recent case of Jacobs v. N.C. Administrative Office of the Courts the 4th Cir. Court of Appeals was confronted with this issue. The employee who was an office assistant was promoted to a deputy clerk.  Her  duties  included microfilming and filing. Four or five of the 30 deputy clerks were also assigned to  back-up cu [read more]

How does disability in employment work?

Written by Mr. Roger Davie on Sunday, 18 Oct 2015.

How does disability in employment work? I find there is a lot of misunderstanding in what discrimination in disability means and how it applies to El Paso, Texas and Texas employees. In this article I will cover the American with Disabilities Act (ADA) and its amendments (ADAA) and the general rules of discrimination in employment.   The ADA was a statute passed to protect disabled persons in the workforce.  Unfortunately, when the ADA was passed the Federal Co [read more]

Texas Workforce Commission says that reported work related injuries are down 31% in part because workers' fear reporting injuries.

Written by Mr. Roger Davie on Wednesday, 14 Oct 2015.

Texas Workforce Commission says that reported work related injuries are down 31% in part because workers' fear reporting injuries. In a  recent report to the Texas legislature the Workers' Compensation Commission made an amazing statement that work related injuries are down 31% over the last decade. While the Commission tried to take credit for safer working conditions they did made an astonishing admission: “the possibility of under-reporting workp [read more]