The Americans with Disabilities Act prohibits an employer from “discriminat[ing] against a qualified individual on the basis of disability” by, among other things, terminating the individual’s employment. Delaval v. PTech Drilling Tubulars, L.L.C., 824 F.3d 476, 479 (5th Cir. 2016) (quoting 42 U.S.C. § 12112(a)); see also Kaye, 2018 WL 2446594, at *4. To [...]
Employees with disabilities are entitled to accommodations under the Americans with Disabilities Act (ADA). A plaintiff who has a known disability, or is regarded as disabled by their employer, cannot be terminated solely because of their disability. To establish a failure-to-accommodate claim under the ADA, a claimant must demonstrate the following: (1) he/she were [...]
https://youtu.be/ZNT24DWM0Xg
On June 15, 2020, the Supreme Court of the United States issued an opinion that sexual orientation is a protected class under Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination based on race, religion, sex, or national origin. An employer violates Title VII when it intentionally fires an individual employee [...]
Sexual harassment cases can be quite difficult to prosecute, so we must be very selective. Actionable sexual harassment in the legal sense is different than the layman's interpretation. An employer is liable for sexual harassment only if it knew or should have known of the harassment. Nash v. Electrospace Sys., Inc., 9 F.3d 401, 404 [...]
https://youtu.be/YsJcd9vY068
https://www.youtube.com/watch?v=kPOAxe8Pv_4&t=8s
In Texas and New Mexico most workers are at-will employees. This means that an employer can lawfully terminate the employee at any time for any reason or no reason at all. An employee can also lawfully quit at any time for any reason or no reason. There are some exceptions to this rule. An employer [...]
When the Families First Coronavirus Response Act (FFCRA) was passed, it created new protections for employees that last through December 31, 2020. Employers with more than 50 employees but less than 500 employees must conform with the act. The Act provides that to be eligible an employee must have been employed for 30 calendar days [...]