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Juan Hernandez

Attorney

Juan Hernandez is a labor and employment litigation attorney with experience in Title VII, ADEA, ADA and Title III matters.

Featured Experience

Won summary judgment for a restaurant on claims by patrons alleging discrimination in a place of public accommodation in violation of Title II of the Civil Rights Act and race discrimination in violation of Section 1981 of the Civil Rights Act.

Won summary judgment for an apartment complex on claims by former employee alleging race discrimination in violation of Title VII of the Civil Rights Act and violation of Section 510 under Employee Retirement Income Security Act.

Negotiated favorable resolution on behalf of several casinos by patrons alleging disability discrimination in a place of public accommodation in violation of Title III of the Americans with Disabilities Act.

Professional Biography

Overview

Juan advises small business owners and larger employers on day to day employment matters and defends them before the Equal Employment Opportunity Commission, Mississippi Workers' Compensation Commission, and in state and federal courts when necessary. He also advises businesses/places of public accommodations on the requirements of Title III of the Americans with Disabilities Act.

He has defended clients in employment matters including Title VII discrimination and retaliation claims, workers' compensation retaliation claims, discrimination under the Texas Labor Code, and in unemployment and wage hearings before the Texas Workforce Commission. Juan has also represented employers in housing discrimination claims brought by HUD and the Texas Workforce Commission – Civil Rights Division.

Juan served as a judicial extern to the Honorable Chief Judge Neil P. Olack in Jackson, Mississippi.

Representative Matters
  • Won summary judgment for a restaurant on claims by patrons alleging discrimination in a place of public accommodation in violation of Title II of the Civil Rights Act and race discrimination in violation of Section 1981 of the Civil Rights Act.

  • Won summary judgment for an apartment complex on claims by former employee alleging race discrimination in violation of Title VII of the Civil Rights Act and violation of Section 510 under Employee Retirement Income Security Act.

  • Negotiated favorable resolution on behalf of several casinos by patrons alleging disability discrimination in a place of public accommodation in violation of Title III of the Americans with Disabilities Act.

  • Negotiated favorable resolution for an automotive company of claims by applicants of disability discrimination in violation of the Americans with Disabilities Act.

  • Negotiated favorable resolution on behalf of insurance company of claims by former employee alleging race discrimination in violation of Title VII of the Civil Rights Act, race discrimination in violation of Section 1981, negligence, and intentional and negligent infliction of emotional distress.

Professional Honors & Activities
  • Recipient – 2018 Rising Legal Star, San Antonio Scene Magazine Award, Organization
  • Member – National LGBT Bar Association (2018 – present)
  • Member – Jackson Young Lawyers Association (2018 present)
  • Member – American Bar Association (2017 – present)
  • Former Member – San Antonio LGBT Bar Association – Secretary (2016 – 2018)
  • Former Member – San Antonio Human Resource Management Association (2015 – 2018)
  • Former Member – San Antonio Bar Association (2017 – 2018)
  • Former Member – San Antonio Young Lawyers Association (2017 – 2018)
Publications
Speaking Engagements
  • "ADA - Is Your Business Compliant," Mississippi Society for Human Resource Management 2019 Annual Conference (September 2019)
  • "Life Cycle of an Employee – The ADA: Is Your Business Compliant?" (August 2019)
  • Co-presenter – "A Shift in Cultural Climate: What Educators Need to Know," Jackson State University - Faculty and Staff Fall 2019 Seminar (August 2019)
  • "Emotional Support Animals: Do You Really Need One?," Mississippi Minority Mental Health Symposium (July 2019)
  • Co-presenter – "Cultural Climate for LGBTQ Students: What Educators Need to Know," Mississippi Association of Educational Opportunity Program Personnel Spring 2019 Conference (April 2019)
  • "Legal Climate for LGBTQ Employees - What Employers Need to Know about Current Legal Standards and Trends," HRC Business Summit (November 2018)
  • "What's Up with All These Comfort Animals?" (October 2018)

Education

  • Mississippi College School of Law, J.D., 2014, magna cum laude
    • Mississippi College Law Review, Associate Editor
    • National Order of Barristers
  • Texas State University, M.A., 2011
  • Texas State University, B.A., 2009

Admissions

  • Mississippi, 2014
  • Texas, 2015
  • U.S. District Court, Northern and Southern Districts of Mississippi
  • U.S. District Court, Southern and Western Districts of Texas
  • U.S. Bankruptcy Court, Southern and Western Districts of Texas
  • U.S. Court of Appeals, Fifth Circuit

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