Texas Employment Law Update

Texas Employment Law Update

A Resource for Texas Employers

Tag Archives: ADA

Has the Expanded Definition of Disability under the ADAA Gone Too Far?

Posted in Disability, News & Commentary
Daniel Schwartz at the Connecticut Employment Law Blog has an interesting post today about the effect the American Psychiatric Association’s proposed changes the Diagnostic & Statistical Manual could have to the Connecticut body of disability discrimination law.  While Connecticut is unique, according to Schwartz, in its definition of disability and expressly includes mental conditions listed in … Continue Reading

Large Texas Employer Announces it Will Not Consider Applicants for Employment Who Use Products with Nicotine

Posted in Disability, Human Resources, News & Commentary
One of North Texas’ largest employers announced that it will not longer hire or consider for hire any individual who uses any nicotine product (i.e., cigarettes, nicotine gum or patches, chewing tobacco or electronic cigarettes).  Baylor Health Care Systems announced its new policy on the careers page of its website stating: As a health care … 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

Could the EEOC Sue on Behalf of an Employee Who Wanted the Right to Masturbate at Work?

Posted in Disability, Discrimination
There has been a lot of ink spilled and kilobytes written about how the ADA Amendments Act has substantially expanded the rights of individuals with disabilities to seek and obtain reasonable workplace accommodations.  (See post, post, post, and post).  The increase in the number of applicants and employees who qualify for reasonable accommodations and the types of impairments … Continue Reading

El Paso EEOC Sues Starbucks over Height Challenged Barista

Posted in Disability, Discrimination
In a suit you don’t see filed everyday, the El Paso District Office of the EEOC recently filed a disability discrimination lawsuit against Starbucks over the termination of an employee suffering from dwarfism.  According to the EEOC’s Complaint: Charging Part has a physical impairment, dwarfism. . . [and] is substantially limited in the major life … Continue Reading

EEOC Changes Tactics in Enforcing “Pregnancy” Discrimination Laws

Posted in Disability, Discrimination, Workers' Compensation
The EEOC recently brought suit against the country’s largest home builder on behalf of a pregnant employee who was denied a period of unpaid leave in addition to the maximum permitted under the employer’s policies.  What is unique about this suit is that the EEOC brought the suit under the Americans with Disabilities Act rather than the Pregnancy … 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