Do Stress and Anxiety Qualify as Disabilities?

Under the Americans with Disabilities Act, as amended (ADAAA), a condition qualifies as a disability if it “substantially limits one or more major life activities.” Anxiety disorders, including generalized anxiety disorder, panic disorder, and PTSD, often meet this standard when they are diagnosed and documented by a healthcare provider. General workplace stress on its own usually does not qualify, but chronic stress tied to a diagnosed mental health condition can.

The post Reasonable Accommodations for Stress and Anxiety: What Texas Workers Need to Know appeared first on Dallas Employment Lawyer Blog.

Rachel Bethel Dallas
Trial Attorney

If you’ve experienced discrimination, harassment, or retaliation at work in Texas, you’ve probably been advised to file a charge with the Equal Employment Opportunity Commission (“EEOC”) or the Texas Workforce Commission (“TWC”).

What you may not realize is that the timing of when you hire counsel may be just as important as filing the Charge itself.

The post Don’t Wait for Your Right-to-Sue Letter to Find a Lawyer! appeared first on Dallas Employment Lawyer Blog.

Dallas Employment Trial Lawyer Cassidy Monska

When a company fails to follow its own policies, the first reaction for many people is to assume they have a legal claim. It makes sense on the surface. The employer wrote down the rules. The employer broke those rules. Someone got hurt. But in the legal world, a policy violation on its own is rarely enough to win a lawsuit. To have a viable claim, the policy violation typically has to connect to an actual law that was broken.

Understanding this distinction is one of the most important things you can do before deciding whether to pursue legal action.

The post Company Policy Violations Do Not Automatically Give You a Lawsuit — But the Law Might appeared first on Dallas Employment Lawyer Blog.

Dallas Senior Trial Attorney Deontae Wherry

Every Fourth of July, we celebrate the words that launched a nation: “We hold these truths to be self-evident, that all men are created equal.” Fireworks light the sky, families gather, and we honor the idea that no person is born above another. But behind the barbecues and parades lies a promise that Americans are still working to keep. The declaration that all people are created equal was not a description of the world as it was in 1776. It was a goal, a challenge handed down to every generation that followed. Nowhere is that challenge more alive than in the American workplace.

This year marks a milestone: 250 years since the Declaration of Independence. As we celebrate this 250th anniversary, we are reminded that the fight the Founders began is not finished. The words on that parchment set a standard we are still reaching for, and every generation, including ours, is called to carry it forward.

The post Independence Day: The Unfinished Fight for Equality appeared first on Dallas Employment Lawyer Blog.

This blog discusses the difference between a settlement and a verdict.

What is a Verdict?

The post Did Your Neighbor Really Sue and Win? The Difference Between a Verdict and a Settlement appeared first on Dallas Employment Lawyer Blog.

Rachel Bethel Dallas
Trial Attorney

Most people understand that the Americans with Disabilities Act (ADAAA) protects employees with physical or mental disabilities. But many workers do not realize that the ADAAA also protects workers who are simply perceived as having a disability, even if they have no actual impairment at all. This is called the “regarded as” prong of disability coverage.

The ADAAA defines “disability” in three distinct ways. A worker is protected if they:

The post Are You “Regarded as Disabled” in Your Workplace? appeared first on Dallas Employment Lawyer Blog.

Dallas Employment Trial Lawyer Cassidy Monska

You worked up the courage to report sexual harassment at work. Maybe it took weeks, maybe longer. You filed the complaint, cooperated with HR’s investigation, and then waited.

Then came the result you didn’t expect: your employer concluded that no harassment had occurred. And shortly after that came something even worse. You were fired, demoted, or suddenly found yourself on a performance improvement plan for the first time in your career.

The post “They Said It Wasn’t Harassment” – Why Your Employer Still Can’t Fire You for Reporting It appeared first on Dallas Employment Lawyer Blog.

Dallas Senior Trial Attorney Deontae Wherry

Juneteenth started right here in Texas. On June 19, 1865, Union General Gordon Granger arrived in Galveston with General Order No. 3 and finally announced freedom for the enslaved people of Texas, more than two and a half years after the Emancipation Proclamation. Texas was the first state to recognize Juneteenth as an official holiday in 1980, and Congress made it a federal holiday in 2021.

Is Juneteenth a Paid Holiday for You?

The post Juneteenth and Your Rights at Work in Texas appeared first on Dallas Employment Lawyer Blog.

Dallas Employment Trial Lawyer Riley Carter

When an employer crosses the line from negligent to malicious, punitive damages are one of the most powerful tools an employee has. But the statute you sue under can mean the difference between a $50,000 ceiling and an unlimited verdict. Here’s a quick guide to how punitive damages work in Texas employment cases under federal and state law.

Federal Law: Title VII vs. § 1981

The post Title: Punitive Damages in Texas Employment Cases: Why the Statute You Sue Under Matters appeared first on Dallas Employment Lawyer Blog.

Dallas Senior Trial Attorney Deontae Wherry

The Supreme Court has once again reshaped the landscape of Civil Rights in America, and the implications could reach far beyond the ballot box. In a decision that effectively guts a key pillar of the Voting Rights Act, the Court has signaled that states are now free to dilute the voting power of racial minorities through gerrymandering so long as they call it “partisanship” instead of “racial bias.”

It is one more example of a Court’s intent on stepping back from its role in protecting minority groups from majority overreach. The maps will still be drawn to silence minorities. The harm will still fall on the same communities. The only difference is the label on the package.

The post Discrimination Rebranded: What the Supreme Court’s Voting Rights Decision Means for Texas Employees appeared first on Dallas Employment Lawyer Blog.