work injury

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

The Texas Supreme Court in the case of Lippincott v. Whisenhunt, 462 S.W.3d 507 (Tex. 2015) held that The Texas Citizens Participation Act (TCPA), Tex. Civ. Prac. & Rem. Code Ann. § 27.001–27.011, applied to a nurse anesthetist’s defamation claim against administrators of a medical facility, where the   defamatory communications were in emails sent between the

Going to the EEOC (Equal Employment Opportunity Commission) without legal consultation can be dangerous. Recently the Houston Court of Appeals held that because an employee who was wrongfully discharged because of discrimination should lose his case because he did not state in his charge that he was “constructively discharged” in his Charge of Discrimination at

You probably never heard of the Texas Citizens Participation Act (TCPA),Tex.Civ.Prac.&Rem.Code Ann.§27.001–27.011.  This is a law that sounded good when it passed.  It was designed to keep people from being sued for liable and slander when they participated in a judicial or quasi-judicial procedure.  In the case of Tervita v. Sutterfield, ___S.W.3d___, 2015 WL 9257035  (Tex.App.—Dallas 2015) the Dallas Court of Appeals basically said that if an employer

In 2010 it was estimated that 1 in 12 persons residing in America have a felony conviction.  For these individuals it becomes extremely difficult to find and keep employment.  In El Paso, I see people every year who get fired when their employer finds that they have a felony conviction.  This is true even they