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Tag Archives: disability

Texas Bus Monitor Termination For Incontinence Is Discrimination

Posted in Disability Discrimination, Discrimination, Labor Law, Retaliation and Wrongful Termination

In Green v. Dallas County School District, a Texas jury found that a Dallas County School District (the “School District”) violated Texas disability discrimination laws when it fired a bus monitor who lost control of his bladder on a school bus.  The bus monitor, Paul Green, suffered a known disability – congestive heart failure –… Continue Reading

Why Employers Should Think Twice Before Making Employees Play Hurt

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team.  Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he suffered permanent injuries after being forced to play in a game while he was ill.  Baucham’s lawsuit claimed that… Continue Reading

Court Holds Volunteer is NOT an Employee under FEHA

Posted in Disability Discrimination, Discrimination, Labor Law

By:  Chelcey E. Lieber In Estrada v. City of L.A. (Case No. B242202), the Court of Appeal of California (Second Appellate District) held that Estrada, formerly a volunteer Police Reserve Officer for the City of Los Angeles, was not an employee for purposes of the California Fair Employment and Housing Act (“FEHA”), even though the City… Continue Reading

Second Appellate District Holds that Employers do not Fulfill FEHA Obligations by Providing the Statutory Four-Month PDL Leave to Employees with Pregnancy-Related Disabilities

Posted in FMLA and Other Leaves of Absence

By:  James L. Brannen In Sanchez v. Swissport, Inc. (2013) 2013 Cal. App. Lexis 131, the Second Appellate District of California, for the first time, has addressed whether an employer who provides the full amount of leave allotted by the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) to a pregnant employee with… Continue Reading

The Fourth Circuit Court Says Pregnant Employee Not Entitled to Accommodation

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law

By:    Duyen T. Nguyen In Young v. UPS, 2013 U.S. App. Lexis 530, a UPS worker sued her employer for sex and race discrimination under Title VII and for disability discrimination under the ADA on the basis of her pregnancy. On January 9, 2013, the Fourth Circuit Appellate Court issued a decision affirming the district court’s… Continue Reading

The California Supreme Court Issued A Win For Businesses Who Prevail In Disability Access Cases In California

Posted in Labor Law

By:  Lizbeth V. West, Esq. On December 17, 2012, the California Supreme Court issued its decision in Jankey v. Lee. The Court ruled that prevailing defendants in disability access cases brought under both the Americans with Disabilities Act (“ADA”) and California Civil Code section 55 are entitled to their attorney’s fees just like prevailing plaintiffs are…. Continue Reading

Is It Discrimination To Require A High School Diploma?

Posted in Disability Discrimination, Discrimination

By:       Scott M. Plamondon The Equal Employment Opportunity Commission (“EEOC”) thinks so. The EEOC recently posted a letter to its website stating that it may be unlawful for employers to require a job applicant to have obtained a high school diploma if the applicant suffers from a learning disability and has been unable to obtain one. The… Continue Reading