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Juan Hernandez

Associate
Houston
T: 713.286.7177
F: 713.650.9701
Jackson
T: 601.351.2400
F: 601.351.2424
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Juan Hernandez is a labor and employment litigation attorney with experience in Title VII, ADEA, ADA and Title III matters.

Featured Video

Is Your Business Adequately Providing Accommodations in the Wake of the Pandemic? October 29, 2020

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.
2019

Professional Biography

Juan advises small business owners and larger employers on day-to-day employment matters and defends them before the Equal Employment Opportunity 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 housing complexes in housing discrimination claims brought by HUD and state agencies.

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

  • Employment

  • 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 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.

  • Obtained dismissal for a non-profit emergency medical provider on a claim by former employee alleging wrongful termination in violation under the Age Discrimination in Employment Act of 1967.

  • Negotiated favorable resolution for an employer of claims by former employee alleging wrongful termination in violation of Mississippi employment at-will doctrine, the Surface Transportation Assistance Act, and the Consolidated Omnibus Budget Reconciliation Act of 1985.

  • Negotiated favorable resolution for an employer of a claim by former employee alleging violation under the Age Discrimination in Employment Act of 1967.

  • Negotiated favorable resolution for an employer on claims against a former employee for violation of a non-compete and non-confidentiality agreement.

  • Won summary judgment for a financial institution on claims by a former employee alleging age discrimination in violation of the Age Discrimination in Employment Act and state law claims for intentional infliction of emotional distress and tortious interference.

  • Negotiated favorable resolution for a food distribution center of a claim by former employee alleging race discrimination in violation of Title VII of the Civil Rights Act.

  • Won summary judgment for a manufacturing chemical and building products facility on claims of race discrimination in violation of Title VII of the Civil Rights Act, race discrimination in violation of Section 1981, and negligent and intentional infliction of emotional distress.

  • Negotiated favorable resolution for an employer of claims by former employee alleging wrongful termination in violation of Mississippi employment at-will doctrine, constructive discharge, and intentional and negligent infliction of emotional distress.

  • Title III – Places of Public Accommodation

  • 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 on behalf of a bookstore by a patron alleging disability discrimination in a place of public accommodation in violation of Title III of the ADA.

  • Negotiated favorable resolution on behalf of a restaurant by a patron alleging disability discrimination in a place of public accommodation in violation of Title III of the ADA.

  • Fair Housing

  • Obtained a favorable no-cause finding on behalf of housing complex by a former tenant alleging disability discrimination in violation of the Fair Housing Act.

  • Obtained a favorable no-cause finding on behalf of housing complex by a current tenant alleging race and disability discrimination in violation of the Fair Housing Act and state discrimination law.

  • Obtained a favorable no-cause finding on behalf of housing complex by a former tenant alleging race and age discrimination in violation of the Fair Housing Act and state discrimination law.

  • Obtained a favorable no-cause finding on behalf of housing complex by a current tenant alleging failure to accommodate in violation of the Fair Housing Act.

  • Negotiated favorable resolution on behalf of housing complex of a claim by applicant alleging discrimination on the basis of receipt of public housing assistance in violation of the Fair Housing Act.

  • Obtained a favorable no-cause finding on behalf of housing complex by a current tenant alleging race discrimination in violation of the Fair Housing Act and the D.C. Human Rights Act.

  • Named a Best Lawyers in America® "Ones to Watch" in Labor and Employment Law - Management and Labor and Employment Litigation (2021 – 2023)
  • Listed in Mid-South Super Lawyers as a Rising Star (2021)
  • 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)
  • Coach – Mississippi College School of Law's moot court competition team for the ABA Arbitration Competition, Fifth Circuit Elliott Cup Bankruptcy Competition, and National Duberstein Bankruptcy Competition
  • "Emotional Support Animals: Do You Really Need One?," Texas Bay Area SHRM Annual Conference (April 2022)
  • "The Life Cycle of an Employee – Is Your Agency Compliant," Mississippi Association of Housing and Redevelopment Officials (May 2021)
  • "Emotional Support Animals: Do You Really Need One?," Mississippi Counseling Association 69th Annual Conference (November 2019)
  • "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)

Practices

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, Eastern, Northern, Southern and Western Districts of Texas
  • U.S. Bankruptcy Court, Southern, Western and Eastern Districts of Texas
  • U.S. Court of Appeals, Fifth Circuit

Featured Media

Baker Donelson Attorneys Earn Recognition in The Best Lawyers in America® 2023 Listing
Press Release / August 18, 2022
Received an Email Link to Important Documents Via EEOC Portal? You Better Open It.
Publication / June 15, 2022
"That's Not Fair" – What Does That Mean Under the Fair Housing Act?
Publication / May 2, 2022

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