Watch Your Language at Work?
Every so often someone writes a letter to the newspaper complaining about the amount of Spanish spoken in El Paso, and specifically in the workplace. This debate was recently resurrected in our editorial pages. The letters are pretty predictable. The complainer usually proclaims that “This is America” or “I’d learn Spanish if I lived in […]
Pre-ADAAA Opinion Smells Bad for Worker
The Fifth Circuit Court of Appeals recently issued an opinion reminding us how difficult it was for workers to bring disability claims before the passage of the ADAAA (the Americans with Disability Act Amendment Act) of 2008. In Tina Milton v. Texas Department of Criminal Justice, Ms. Milton alleged disability discrimination and violations of the […]
Open Records Are Not So Open
El Paso City Council recently proposed an ordinance aimed at limiting the type of documents subject to disclosure under open records requests. This was appropriately met with strong criticisms, and as a result the proposal was later withdrawn. The Texas Public Information Act (PIA) gives the public the right to request and receive many types […]
Sex, Lies and Cell Phones
In December, the Fifth Circuit Court of Appeals upheld a summary judgment for an employer who was alleged to have violated the Stored Communications Act (SCA). In Fannie Garcia v. City of Laredo, et al, the Plaintiff alleged that her former employer, the City of Laredo, and various other public officials, violated the SCA by […]
Smokers and Obese Need Not Apply
It’s that time of the year when people make their new year’s resolutions. For many, this includes goals to quit smoking, lose weight, or exercise more. Increasingly, however, employers are making employment decisions based on workers’ personal lifestyle choices. Are these employers going too far? In the past, one’s personal life was considered separate from […]