A Texas lawyer has filed a wrongful-termination suit against the State Bar alleging he was terminated because of his disability. Senior planning attorney M. Montgomery Miller was a 15-year employee of the Bar until Sept. 21, 2010, when he was fired from his position with the Continuing Legal Department.
According to Miller’s lawsuit, Miller suffers from chronic foot pain caused by Tarsal Tunnel Syndrome, Metatarsalgia, Morton's Neuromas, and/or Complex Regional Pain Syndrome. Miller’s suit stemmed from email conversations between himself and his supervisor in regards to planning the Bar’s Advanced Family Law 2010 course. During the process, Miller raised his concerns about his disabilities and medical conditions. Miller claims that his supervisor acknowledged his concerns but then advised Miller that he was not certain how to handle the situation, encouraging him to consider using his best judgment in selecting which assignments, including those with travel, he would take. Two weeks later, Miller was terminated. Miller claims that he was fired because of his disability, denied appropriate accommodation, and treated adversely based on the employer’s perception of his disability.
Miller alleges he was a good employee and his job was never in jeopardy until he raised the issue of his medical disability in an e-mail. Lacey Gourley, the Austin attorney who is defending the Bar in the suit, said, "The State Bar adamantly denies the allegations and will vigorously defend the lawsuit."
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