We often think of a fair trial in terms of having an impartial judge and jury, effective assistance of counsel, the opportunity to present evidence and witnesses, and the ability to cross-examine the adversary’s witnesses and present rebuttal evidence. However, trials are much more complicated than
The Omicron variant of Covid-19 has been spreading like wildfire both among the vaccinated and unvaccinated. Contracting the new strain is causing many to have to take time off of work and out of the office (one would hope). Suppose, however, that once you labor
“[P]hysical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination[.]” 42 U.S.C. § 12101(a)(1). Accordingly, Congress passed, and subsequently
May is mental health awareness month. It is designated as such to bring awareness to the importance of mental health and to de-stigmatize mental illness. As an employment lawyer, I believe this effort is of the upmost importance.
Mental health should not be looked at any differently than
In the face of a global pandemic, workplaces as we know them have drastically changed. Working from home has become common place, jobs that were undervalued in our society are now seen as essential, and workplaces once seen as safe now have increasing health and safety risks. The circumstances in this essentially unprecedented time serve as an important reminder to why we fight for the rights of workers and why it is so important to continue advancing that fight.
Continue Reading COVID-19 is an important reminder why we fight for employee rights
“[Defendant] contends that it twice offered [the employee] a reasonable accommodation in the form of clerical work, which offers she ignored or rejected. This first offer was undisputedly made, but made at a time when [she] was unable to return to work and on FMLA leave. [The employee] declined the offer on the advice of
“[The employee’s] claim that she was temporarily totally disabled for the purposes of private disability benefits is not inconsistent with the claim that she could work if provided an accommodation. . . . [Plaintiff argued that] the definition of ‘qualified individual’ in the ADA was not incompatible with the definition of ‘disabled’ within the
“[Defendant] also contends that a written job description in this case establishes that the essential functions of [the employee’s] duties include lifting and pushing more than ten pounds. While written job descriptions warrant deference, ‘this deference is not absolute,’ and we must ask ‘whether the employer actually requires employees in the position to perform the
“At oral argument, counsel for [Defendant] suggested we reject the [Plaintiff]’s evidence as self-serving. But this is summary judgment, and we may not weigh the evidence or make credibility determinations.” Equal Emp’t Opportunity Comm’n v. Vicksburg Healthcare, LLC, — F. App’x —, 2016 WL 5939424, at *3 (5th Cir. Oct. 12, 2016) (internal citations
“‘Fact-finders must determine whether a function is ‘essential’ on a case-by-case basis.’ [The employee] testified she couldn’t ‘remember having to lift more than 10 pounds’ as part of her duties, and her colleague . . . has provided a detailed affidavit that, if true, establishes that such exertions are virtually never required. While [Defendant]’s witnesses
