The Americans with Disabilities Act prohibits public places of accommodation from erecting barriers to persons with disabilities. This portion of the ADA is known as Title III. This is the provision that requires, for example, entrance ramps at restaurants and stores. Does Title III also apply to websites? The Eleventh Circuit Court of Appeals in Atlanta says no.
The court notes there is a split among the circuits. Not every court of appeals agrees with…
We all know that age discrimination is an issue when an older worker is replaced by a younger worker. But, can we still show age discrimination when an older worker is replaced by someone who is also older? The Firth Circuit says yes, sometimes. In the case of Alaniz v. U.S. Renal Care, Inc., No. 19040043, 2020 U.S. App. LEXIS 40266 (5yh Cir. 12.23.2020) (unpublished), Juan Alaniz was a Licensed Social Worker at a medical…
Glenn Hamer claims the pending bill known as “Protecting the Right to Organize” will stop gig workers from working in the gig economy. In a recent opinion piece with the San Antonio Express News, Mr. Hamer claims the PRO, which is pending in the U.S. Senate, will make all gig workers traditional employees and not independent contractors. If true, such a result would indeed stop gig employment.
The CEO of the Texas Association of Business…
Every lawsuit has some small but critical detail. One critical element for any defense is the number of workers employed by the employer. If the Defendant employer wants to take advantage of the caps on damages, it must show the number of employees. In THF Management Houston Corp. v. Gideon, No. 14-18-01103-CV, 2020 WL 771332 (Tex. App. Amarillo 1/6/20201), the jury found for the employee and found she suffered discrimination. The jury awarded $225,000 in…
In a new decision on the issue, a federal judge in Chicago has ruled that reduced seating does amount to an “interruption” in business for purposes of insurance coverage. The insurance carrier, Society Insurance, had submitted a motion to dismiss the lawsuit. Judge Edmond Chang said capacity limits can constitute “direct physical loss” for “business interruption” policies.
Society Insurance had argued that the tables, chairs, walls and floors remained in working condition. But, the restaurants…
In Union Pacific RR Co. v. American Railway & Airway Supervisors Assoc., No. 18-50110 (5th Cir. 12/16/2020), the Fifth Circuit reversed a grant of summary judgment in favor of the employer. A railroad employee, Roland Beltran, twice tested positive on a drug test. Aided by the union, he appealed to arbitration. He presented evidence that prescription drugs likely caused the false positive. The arbitration delivered a decision overturning Mr. Beltran’s termination. Union Pacific Railroad Company…
Well, a recent study confirms what many of us expected. Joanna Shepherd, law professor at Emory University, conducted a study of employment discrimination lawsuits.The study looked at whether backgrounds of individual federal judges had an impact on the outcome of a discrimination lawsuit. The study asks whether the professional background of some judges makes them more likely to rule against workers. The study found the answer to be yes.
The study found that judges appointed…
The case of the mysterious Ken Paxton machinations continues to develop. I previously wrote here and here about the whistleblower allegations against him. Four of his fired aides filed a lawsuit. Their lawsuit papers provide further details about their allegations. They allege that real estate developer Nate Paul was helping Mr. Paxton remodel his house and agreed to hire Paxton’s mistress. In return, AG Paxton helped Mr. Paul settle a lawsuit and investigate Paul’s business…
Lawyer Lin Wood, the pro-Trump lawyer who filed a handful of election lawsuits, is being investigated by the Georgia Bar Association for alleged ethical lapses. In response, Mr. Wood published online the addresses for the 18 members of the Georgia grievance committee. Four of the addresses were home addresses. Disciplinary or grievance committees are typically composed of volunteer lawyers and a few public members at large. Mr. Wood asked that his followers “investigate” these 18…
Judge Lynn Hughes of the Southern District of Texas is at it again. In the case of Miller v. Sam Houston State Univ., No. 19-20752 (5th Cir. 1/29/2021), Judge Hughes flat denied the Plaintiff any depositions, while granting summary judgment against the plaintiff. Worse, he made statement after statement expressing skepticism about the plaintiff’s case. I have written about Judge Hughes here and here. He often denies discovery to one or both parties. But,…