The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to… Read More

  Tucker v. Unitech Training Academy, Inc., 2019 U.S. App. LEXIS27030, (5th Cir. Sept. 4, 2019). Disability Discrimination-Obesity Obese employee was terminated by employer and sued claiming disability discrimination. The District Court granted summary judgment against the employee holding that employee failed to prove she was disabled in that she did not prove that she… Read More

This is the official manual of OSHA setting forth important details/information regarding each Whistleblower retaliation law that it enforces. This manual gives you important information on the handling of these complaints by OSHA and the pertinent deadlines and information about whistleblower’s rights and duties. OSHA enforces the following laws: -Occupational Safety and Health Act (OSHA… Read More

Fort Bend Cty. v. Davis, 139 S. Ct. 1843 (2019) EEOC Discrimination Complaint Filing- Jurisdictional or Mandatory An employee of Fort Bend County, a governmental entity, filed a charge alleging sexual harassment and retaliation for reporting the harassment. She was subsequently terminated for failing to show up for work due to a church event, but… Read More

New Prime Inc. v. Oliveira, 139 S.Ct. 532 (2019) Federal Arbitration Act-Application to Independent Contractors The primary issue in the recent United States Supreme Court case, New Prime Inc. v. Oliveira was whether an independent contractor was entitled to be excluded from the coverage of the Federal Arbitration Act by§ 1 of the act, as… Read More

Americans with Disabilities Act Disability (as amended by ADAAA) means- A Physical or Mental Impairment that Substantially Limits one or more of the Major Life Activities (MLA) or being Regarded As having such an impairment or A Record Of such an impairment Definitions/explanations of the above terms: Physical or Mental Impairment means a physiological or… Read More

After the Texas Supreme Court’s opinions in Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010) and B.C. v. Steak N Shake Operations, Inc., 512 S.W.3d 276 (Tex. 2017), how should a prudent attorney proceed when dealing with a case for an employee who has been sexually assaulted by another employee or that also… Read More

Kelly v. St. Luke Cmty. United Methodist Church, 2018 Tex. App. LEXIS 962 | 2018 WL 654907 (Tex.App.-Dallas 2018) Ecclesiastical Abstention Doctrine In an employment dispute filed by a church employee who was terminated, the ecclesiastical abstention doctrine arising from U.S. Constitution First Amendment applied to all of the employee’s claims for negligence, fraud, misrepresentation,… Read More

Sexual Harassment.DefenseChart… Read More