Adam Dougherty

Adam Dougherty

Winstead PC

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N.D. of Texas – Attendance is an Essential Job Function

The Northern District of Texas has issued a fantastic opinion for employers concerning a recurring question under the ever evolving Americans with Disabilities Act (“ADA”). Specifically, whether attendance can be an essential...more

10/18/2013 - ADA Attendance Disability Essential Functions

Another Pro-Employee Fifth Circuit Decision: Employee’s FMLA Claim Survives Summary Judgment

In another pro-employee decision, like its ruling in the Feist case that I analyzed last week, the Fifth Circuit overturned another district court’s grant of summary judgment that dismissed the plaintiff-employee’s FMLA...more

10/17/2013 - FMLA Hiring & Firing Retaliation Summary Judgment Termination

Fifth Circuit Issues First of Several Pro-Employee Decisions: ADA Accommodations Need not Relate to Essential Job Functions

The Fifth Circuit, which covers federal district courts from Texas, Louisiana and Mississippi, has been busy recently issuing decisions in the employment law arena. Surprisingly, many of these decisions from this...more

10/9/2013 - ADA Disability Discrimination Discrimination Essential Functions Reasonable Accommodation

Google Glass – Get Ahead of the Employment Law Issues It Will Cause

Google Glass, at its base, is an eyeglass frame with a camera and display built into the temple. The user operates it with finger swipes, head movements and voice commands. The camera records the user’s first-person...more

8/8/2013 - Cameras Employer Liability Issues Google Harassment Invasion of Privacy Mobile Devices Surveillance

An NLRB at Full Strength Means Problems for Non-Union Employers

Earlier last week, the Senate confirmed the President’s nominations to the National Labor Relations Board (“NLRB”). For the first time in over 10 years, the NLRB now has a full complement of five members. ...more

8/5/2013 - Employer Liability Issues NLRB Non-Union Political Appointments

SCOTUS Adopts a Workable Definition of “Supervisor” Under Title VII

In Vance v. Ball State University, a 5-4 decision authored by Justice Alito and delivered on June 24, 2013, the U.S. Supreme Court held that, for the purpose of determining an employer’s liability under Title VII of the Civil...more

6/28/2013 - Harassment Hiring & Firing SCOTUS Supervisors Title VII Vance v. Ball State University

Another state enacts social-media legislation

As I prepare for a presentation I am giving tomorrow on hot social media issues for employers, I had the chance to do some digging for the current number of states that have enacted social media legislation concerning...more


Fifth Circuit: Mental anguish damages award not supported by medical evidence is vacated

The Fifth Circuit recently vacated a jury award for mental anguish damages based on the absence of any medical evidence. A Northern District of Texas jury found for the plaintiff, who asserted age discrimination claims under...more

5/30/2013 - Damages Discrimination Emotional Injury Claims Jury Awards Vacated

Big Developments in Class Actions Part 2: A Quick and Complete Offer of Judgment May Foreclose FLSA Collective Actions

In Genesis Healthcare Corp. v. Symczyk, a 5-4 decision authored by Justice Thomas and delivered on April 16, 2013, the U.S. Supreme Court held that if the lone lead plaintiff’s individual claim under the Fair Labor Standards...more


Big Developments in Class Actions Part 1: a “rigorous analysis” of Comcast Corp. v. Behrend

In a very pro-employer/business opinion crafted by Justice Scalia, the U.S. Supreme Court rejected class certification for 2 million Comcast subscribers in an antitrust class action in Comcast Corp. v. Behrend, 516 U.S. ___...more

4/9/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages Dukes v Wal-Mart Rule 23 SCOTUS

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