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Texas Employment Lawyer

Discrimination, Retaliation, Wrongful Termination, and Unpaid Wages

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The ability to work through severe pain does not preclude finding that a person is substantially limited in a major life activity.

Posted in Disability discrimination, Discrimination, EEOC

“[Plaintiff] testified that she ‘learned to tolerate the pain’ to be able to continue working even on days when the pain was severe.” Molina v. DSI Renal, Inc., 840 F. Supp. 2d 984, 994 (W.D. Tex. 2012). “[T]he EEOC advises comparing the ‘condition under which the individual performs the major life activity’ as compared with… Continue Reading

Having trouble concentrating on work constitutes a “disability” under the ADAAA.

Posted in Disability discrimination, Discrimination

“[Plaintiff] stated that she suffered from decreased concentration. The Court finds this testimony adequate to demonstrate a genuine issue of material fact regarding whether [Plaintiff] is disabled. ‘Concentrating’ is included in the ADA’s definition of major life activities.” Mercer v. Arbor E&T, LLC, CIV. A. 11-cv-3600, 2013 WL 164107, at *13 (S.D. Tex. Jan. 15,… Continue Reading

A doctor’s approval to return to work does not establish that the employee overcame a disability.

Posted in Disability discrimination, Discrimination

“[Defendant] argues that [Plaintiff]’s alleged disability was not sufficiently permanent or long-term because [Plaintiff] was cleared to return to work by her physician after only a month of leave. But [Plaintiff]’s ability to return to work does not establish that she no longer suffered from a disability.” Mercer v. Arbor E&T, LLC, CIV. A. 11-cv-3600,… Continue Reading