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Disability Discrimination

EEOC employment lawyers busy this month on employment discrimination

EEOC lawyers have had a busy September starting and settling employment discrimination lawsuits. The EEOC accepts charges of employment discrimination in Fort Worth and Dallas at the Dallas, Texas office. Employment lawyers in Fort Worth and Dallas represent employees in these types of employment discrimination lawsuits. The following is just the listing of the EEOC activity reported in the last ten days. This is a large number of cases for the employment discrimination agency. Although these are not all Texas employment discrimination cases, they reflect the larger activities of the EEOC. A review of these employment discrimination lawsuits by the EEOC...

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Are EEOC complaints confidential in Texas? Dallas employment lawyer explains

Employees suffering employment discrimination often worry about the effects of reporting employment discrimination to the EEOC. This is especially true for employees who still work at the job where discrimination occurs. Retaliation for complaining about employment discrimination is a real and serious concern. This concern may lead workers to not contact the EEOC or an employment lawyer in Dallas or Fort Worth who can investigate and take action to protect the employee from employment discrimination and retaliation. Today's post discusses how information shared with the EEOC (or the Texas Workforce Commission) is protected and what is shared with the employer. Initial...

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EEOC mediation and lawsuit settlement amounts in Dallas and Fort Worth, Texas

EEOC mediations and lawsuits often end in settlement of claims for employment discrimination in Dallas and Fort Worth, including wrongful termination. An important question for many employees filing employment discrimination claims with the EEOC is what they can expect in a settlement. Many employment discrimination complaints filed with the EEOC in Dallas settle either in mediation with the EEOC or after filing a lawsuit but before trial. Settlements at these two stages happen at critically different stages of an employment discrimination claim so their settlement values are, collectively, different. We will discuss the average EEOC mediation or lawsuit settlement averages...

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Employees must engage interactive process in good faith for ADA failure to accommodate claims in Texas

ADA (Americans with Disabilities Act) and the Texas Labor Code require employers to provide reasonable accommodations to employees with qualified disabilities. A reasonable accommodation allows a disabled employees equal access to the workplace and allow them to perform the essential functions of their jobs. Many employers refuse to provide any reasonable accommodation. This results in a failure to accommodate claim under the ADA and Texas Labor Code. Under both federal and Texas law, employers are required to engage employees requesting a disability accommodation in good faith. Employers are also required to engage in an interactive process to determine the need for accommodation. Failing...

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Pleading standards, Texas agencies and employment discrimination claims with Fort Worth employment discrimination lawyers

Employment discrimination claims are highly technical at every stage of litigation. Federal law over the past fifteen years has laid out specific pleading standards for these claims that require significant detail in the original complaint to avoid a motion to dismiss for failure to state a claim (brought under Rule 12(b)(6) of the federal rules). State law in Texas tends to be less rigid, applying the fair notice standard, as opposed to the federal plausibility standard. Rule 91a Motions to Dismiss in Texas Wrongful Termination and Other Employment Discrimination Lawsuits In Texas we now have Rule 91a (state rule) that gives defendants...

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Can you be discriminated against for having a history of disability? Answered by a Fort Worth disability discrimination attorney

Although the Americans with Disabilities Act (ADA) was enacted 1991, as an employment discrimination attorney in Fort Worth I continue to see employees suffer discrimination on the basis of a disability. Sometimes discrimination is based upon a disability cured or treated and no longer presents an issue for the employee. Under the ADA and the Texas Labor Code's prohibition on disability discrimination, an employee may not suffer discrimination because he or she has a record of a disability. Employers in Dallas and Fort Worth discriminate against workers with a history of a disability. Let's explore the ADA and Texas Labor Code provisions...

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Can I take FMLA leave and leave under the ADA at the same time in Texas?

Sometimes an employee has a medical condition or disability that qualifies for FMLA leave and leave under the Americans with Disabilities Act (ADA) as a reasonable accommodation. The issue how to protect the employee's job through protected leave under the ADA and FMLA is complicated. Each law provides a different set of rights to leave and overlap. Employers often get this issue wrong because they are unaware of ADA reasonable accommodation rules or do not understand that the ADA may apply to FMLA leave requests. HR departments may not be staffed with employees who thoroughly understand FMLA and ADA rights. They...

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The McDonnell Douglas burden shifting framework: Dallas employment discrimination lawyer explains

Employment discrimination lawsuits are complex suits due to the intense focus on the facts and law involved. Many employment discrimination cases never make it trial because they fail to survive summary judgement. (Or because they settle at some point before trial.) In the journey of litigating an employment discrimination claim many reach summary judgment. Summary judgment is an analysis of the legal issues in a claim before a factfinder adjudicates the facts. In an employment discrimination suit alleging disparate treatment (different treatment on the basis of a protected trait), the plaintiff's claim of disparate treatment is typically reviewed on summary judgment under...

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Is a Texas firefighter who can’t fight fires disabled? Dallas disability discrimination lawyer discusses

Disability discrimination under the Americans with Disabilities Act and the Texas Labor Code (and formerly the Texas Commission on Human Rights Act or TCHRA) is not always a well understood subject in employment law. It is an even more difficult subject following the late 2000s expansion of the federal and state disability discrimination laws to include a larger swath of mental and physical disabilities and those regarded as disabled (even if not actually disabled). Disability meaning under Texas and federal employment law A Supreme Court of Texas opinion from 2014 articulates the distinction between what is a disability under the meaning of...

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Can you count on the EEOC to file a lawsuit for you in Texas? Fort Worth employment lawyer discusses

The Equal Employment Opportunity Commission (EEOC) released its 2014 performance report recently with some disappointing results about how charges of discrimination (the employment discrimination complaints filed with the EEOC) resolve. Of the 88,778 private sector charges filed the EEOC "resolved" 87,442 of those charges. That does not mean a favorable result occurred for the charging party. It just means the EEOC decided whether there was probable cause to say unlawful discrimination occurred. Out of the 87,442 charges resolved, the EEOC mediated 10,221 charges and resolved 7,846 by mediation. However, just 133 charges resulted in litigation filed by the EEOC with 105 of those...

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