ADA – Law Office Of Ryan Henry

January 4, 2022ADA, Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea to the jurisdiction.

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea […]

November 30, 2020ADA, Employment Law

U.S. 5th Circuit held reasonableness of an ADA accommodation request is normally a fact issue plus alleged discrimination is not enough for discriminatory firing claim under ADA

Jones v. Lubbock County Hosp. Dist., 19-11364, 2020 WL 6787549, at *1 (5th Cir. Nov. 18, 2020) This is an interlocutory appeal […]

July 24, 2020ADA, Contracts, Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

14th Court of Appeals holds 1) proof of causation necessary to maintain labor code disability discrimination & 2) plea was properly denied for breach of contract

Special contributing author Laura Mueller, City Attorney for Dripping Springs Norris Rogers v. Houston Community College, 14-18-00591-CV (Tex. App.—Houston [14th Dist.], July […]

September 28, 2016ADA, Discrimination, Employment Law

Since City offered training for alternative employment position due to disability, City did not fail to make a reasonable accommodation says U.S. 5th Circuit.

Dillard v City of Austin, No. 15-50779 ( 5th Cir. September 16,2016) This is a disability discrimination case where the U.S. Fifth […]

August 3, 2016ADA, Discrimination, Employment Law, Litigation

Amarillo Court of Appeals holds 1) no race discrimination when employer hires from same protected class, 2) broken ankle is not ADA disability in this case, 3) age difference alone is not enough

Arnold Jordan v. Tarrant County Hospital District d/b/a JPs Health Network, 07-16-00034-CV (Tex. App—Amarillo, August 2, 2016) This is an employment discrimination […]

June 6, 2016ADA, Discrimination, Employment Law

Employee’s failure-to-accommodate claims properly dismissed given employee refused to provide supporting medical documentation

Delaval v. PTech Drilling Tubulars, L.L.C. No. 15-20471 (5th Cir.- June 3rd 2016) This is an Americans with Disabilities Act case where […]

September 30, 2014ADA, Employment Law

Category: ADA

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea to the jurisdiction.

U.S. 5th Circuit held reasonableness of an ADA accommodation request is normally a fact issue plus alleged discrimination is not enough for discriminatory firing claim under ADA

14th Court of Appeals holds 1) proof of causation necessary to maintain labor code disability discrimination & 2) plea was properly denied for breach of contract

Since City offered training for alternative employment position due to disability, City did not fail to make a reasonable accommodation says U.S. 5th Circuit.

Amarillo Court of Appeals holds 1) no race discrimination when employer hires from same protected class, 2) broken ankle is not ADA disability in this case, 3) age difference alone is not enough

Employee’s failure-to-accommodate claims properly dismissed given employee refused to provide supporting medical documentation

Former employee’s ADA claim dismissed as ADA requires employers to reasonably accommodate limitations, not disabilities.

Texas Supreme Court holds firefighter who cannot fight fires is not “disabled”

Injured worker’s claims get partially revived by 4th Court of Appeals.

Burden of establishing disability still remains after ADA amendments says 5th Circuit.