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News Wrongful Termination, Workers' Compensation and Work Injuries

Truck Driver Mechanic who had to inject insulin was discriminated against under the Americans with Disability Act and its amendments.

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

Truck Driver Mechanic who had to inject insulin was discriminated against under the Americans with Disability Act and its amendments. In Samson v. Federal Express Corp., 746 F.3d 1196 (11th Cir. 2014) The employee, who used insulin to treat type I diabetes, was offered a job as a technician at one of defendant’s airport facilities, but the offer was withdrawn when he could not pass a medical examination required by the Department of Transportation for drivers of commercial motor vehi [read more]

​Can your employer fire you if, because of an accident or illness you are limited from doing one aspect of your job?

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

Can your employer fire you if, because of an accident or illness you are limited from doing one aspect of your job? Under the Americans with Disability Act (ADA) and its amendments (ADAAA) your employer cannot discriminate against you if you can do the essential functions of your job. The issue that I, as an El Paso Employer representing fired and injured employees, face is the issue of what is an essential function of the job? Your employer often wants to claim that every task you [read more]

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]