Texas Employment Law Update

Texas Employment Law Update

A Resource for Texas Employers

Category Archives: Reasonable Accommodation

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Employee Wins Reversal of Religious Discrimination Defeat at the Fifth Circuit

Posted in Case Summaries, Reasonable Accommodation, Religion
Last week I wrote about a religious discrimination case where an employer snatched victory from the jaws of defeat at the Fifth Circuit Court of Appeals. This week, we have a Fifth Circuit opinion where the court took away an employer’s victory in another religious discrimination case and sent the case back to the trial court … Continue Reading

Breaking News: U.S. Supreme Court Agrees to Hear Important Case on Reasonable Accomodation for Pregnant Employees

Posted in News & Commentary, Reasonable Accommodation
The U.S. Supreme Court just concluded its 2013-14 term and is already creating a buzz over the cases it will hear when it convenes again this October.  Today, the Court agreed to hear a case involving whether and to what extent pregnant employees are entitled to reasonable accommodations for conditions related to their pregnancy.  The case … Continue Reading

Does Title VII Protect Followers of the Church of the Flying Spaghetti Monster?

Posted in Human Resources, News & Commentary, Reasonable Accommodation, Religion
Imagine this, its Friday and you are sitting in your office as Director of Verizon’s newly created Office of Reasonable Accommodation.  An employee, I’ll call him Joe, walks into your office.  Joe tells you he’s recently converted to the Church of the Flying Spaghetti Monster (i.e., he is now a Pastafarian); that Friday’s are his religion’s holiday; … Continue Reading

EEOC Takes Hog-Like Approach on Attendance as Essential Job Function

Posted in Disability, Discrimination, Human Resources, Reasonable Accommodation
There’s an old saying in rural America that "pigs get fat and hogs get slaughtered."  We used the phrase to describe someone who, instead of being satisfied with what he has, gets greedy.  In the litigation context it can be used to describe a party that takes overly aggressive, unreasonable and untenable positions.  My fellow bloggers, Work Blawg … Continue Reading

EEOC Holds Hearing on Leave of Absence as Reasonable Accommodation

Posted in Disability, Leave of Absence, Reasonable Accommodation
This week the EEOC held a hearing on whether new or updated regulations and enforcement guidance was needed with respect to providing leave of absence as a reasonable accommodation for disabled employees.  The EEOC has recently been very aggressive in bringing suit against employers that use maximum leave policies or "inflexible" policies that provide no exception for reasonable accommodation.  For … Continue Reading

Being Chronically Tired May Qualify as a Disability in Texas

Posted in Disability, Discrimination, Reasonable Accommodation
A federal appellate court with jurisdiction over Texas held that chronic fatigue syndrome (CFS) may qualify as a disability under the Americans with Disabilities Act. According to the Centers for Disease Control, CFS is characterized by symptoms including weakness, muscle pain, impaired memory and/or mental concentration, insomnia, and post-exertional fatigue lasting more than 24 hours.  There is no known diagnostic … Continue Reading