El Paso

221 N. Kansas, Suite 1700
El Paso, TX 79901
Phone: 915.533.4424
Fax: 915.546.5360

Austin

919 Congress Ave., Suite 1305
Austin, TX 78701
Phone: 512.320.5466
Fax: 512.320.5431

Las Cruces

3800 E. Lohman Ave., Suite C
Las Cruces, NM 88011
Phone: 575.527.0023
Fax: 915.546.5360

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Kemp Smith Obtains Defense Verdict in Disability Harassment Case

Contact Clara (C.B.) Burns and Jose "Abe" Howard-Gonzalez - April 24, 2017
Kemp Smith lawyers, C.B. Burns and Abe Howard-Gonzalez, represented ADP in a disability harassment case, which resulted in a complete win on ADP’s behalf after a 3-day trial in El Paso federal court. The plaintiff, who had been diagnosed with cancer, claimed she was harassed by frequent phone calls from her supervisor while she was on leave, and was questioned about absences when she returned to work. She resigned a few weeks after she returned to work, claiming the alleged harassment was too stressful and was causing additional health problems. ADP presented evidence, however, that the plaintiff was granted extended leaves of absences, was recognized as a high-performing employee by her supervisor, received regular pay raises, was never disciplined and was accommodated by ADP throughout her cancer treatment. A six-person jury returned a unanimous verdict in ADP’s favor.