texas law

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 […]

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

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

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

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

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

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

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

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,

For those of you who think they have been discriminated against because of race, color, religion, nation origin, gender (sex), disability you have to file a claim with the Equal Employment Opportunity Commission (which automatically causes your claim to be filed for Texas Law with the Texas Civil Rights Division). When you go in to