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The concept of what a central job function is complex. So, for today’s legal blog we are going to use a recent United States Court of Appeals for the Fifth Circuit opinion in the case of Equal Opportunity Commission v. Cash Depot, LTD, No. 21-20515, 2022 WL 3644186,...
Today, we start with what should be the obvious premise that not all disabilities can be accommodated to do all jobs and the Americans with Disabilities Act (“ADA”) does not require that. In order to prove a failure to accommodate claim, “a plaintiff must show that...
Disability Employment Lawyer Answer: Although the Americans with Disabilities Act (“ADA”) was enacted by Congress in relevant part “to increase employment opportunities and employment outcomes for individuals with disabilities” 29 USC 701(b)(4), not all persons with...
Before an employment discrimination lawsuit gets filed in an actual court (federal and most state courts), it is required to go through an administrative process with local state and/or federal agencies (depending on your state). Often times, people are not aware of...
If you are a frequent visitor of our blog, you might remember my post from a few weeks ago about how state employers are protected from federal employment discrimination suits by Eleventh Amendment sovereign immunity (Best Read: Can Public University Employees Sue...
Employee’s Rights Lawyer Answer: At Spitz, The Employee’s Law Firm, our attorneys get a lot of calls from potential new clients who tell us that they suffered from a hostile work environment. Although this may seem like a straightforward concept, it requires an...
The focus of today’s blog will be a recent case that deals with employment at-will, wrongful termination, various forms of discrimination and what it takes to win an employment law claim. However, the most important aspect of today’s blog will not be found in or even...
What is the purpose of the ADA? Disability Discrimination Lawyer Answer: The Americans with Disabilities Act (“ADA”) was enacted to allow disabled individuals equal access to the working world. As we all know, money doesn’t grow on trees, which means every capable...
Can I get my manager fired for lying about discriminating against me? Employment Discrimination Attorney Answer: Yes. Unfortunately, there are lots of bad bosses out there. Some bosses bully their employees and even engage in discrimination. Here at Spitz, The...
Our employment attorneys have previously blogged about how employees prove race/color, religion, gender/sex (including pregnancy and LGBTQ+ status), national origin, and disability claims against their employers. (Best Law Read: How Do You Win A Wrongful Termination...