Litigation, Appeals, & Employment Law (32)
Defending businesses, churches, ministries, and religious institutions throughout Colorado and the U.S.A.
Requiring an employee to undergo psychological counseling may violate Americans with Disabilities Act. The Sixth Circuit just issued another opinion. It was not too happy with Kroll’s employer. How can you demonstrate that counseling is “job-related and consistent with business necessity”?
Now that the Sixth Circuit has said that requiring a worker to get psychological counseling is equivalent to requiring a medical examination under the ADA, the question is when requiring such an examination is permissible anyway.
In the sexual assault or child sexual abuse arena, the alleged victim typically sues organization for claims such as negligent supervision. Recently, we have seen more lawsuits by the alleged offenders. These lawsuits give some helpful principles for organizations to follow, and perhaps needed warnings.
I started my legal career with several years clerking at the Colorado Court of Appeals, and appellate law is one of my practice areas. I usually work as co-counsel with trial attorneys who feel less comfortable with appellate briefs. Recently, the Colorado Court of Appeals issued a 3-0 opinion in my client’s favor. This got me thinking about principles for practicing appellate law and winning as often as reasonably possible.
Telios Law represents a family in El Paso County that has sued the Board of County Commissioners and others in federal court, claiming that the County’s Department of Human Services violated constitutional rights when its caseworker ordered Y.C. Doe to pull down her pants for photographs of bruises from a spanking.
Plaintiffs and defendants both need to have an idea how much a case is worth. If you are thinking about filing a case as a plaintiff, you need to know if it will be worth going through the hassle, emotional stress, and costs. You need to know whether you should settle, and for how much, or if you should take the case to trial. If you are a defendant, you need to know what kind of financial impact the case could have. You must know what you are up against, when a settlement offer is reasonable, and when it is too much to pay.