Brewer Storefront News Release - ADA Lawsuit Filed Against The Lamplighter School

Dallas, TX… April 6, 2021 – Brewer Storefront announced that its clients James and Michelle Hardt filed a lawsuit against The Lamplighter School in Dallas, alleging violations of the Americans with Disabilities Act (ADA) of 1990. 

The Hardts filed the lawsuit on April 5, 2021, in U.S. District Court for the Northern District of Texas, Dallas Division, on behalf of their daughter, who was denied re-enrollment at the independent school after being diagnosed with dyslexia and a speech and language disorder. The lawsuit alleges negligence and breach of contract. 

“The Lamplighter School portrays itself as welcoming and inclusive, but our clients believe that is a false representation when their child was asked to leave the school after being diagnosed with a learning disability,” says William A. Brewer III, partner at Brewer Storefront and counsel to plaintiffs. “Our clients believe the school failed their child – and the principles upon which it claims to operate as an educational institution.” 

Brewer Storefront is the community-service legal affiliate of Brewer, Attorneys & Counselors. 

According to the complaint, the child was enrolled at Lamplighter for the 2017-18 school year and attended the school for three years. She was denied re-enrollment for the 2020-21 school year. The complaint alleges that the school failed to adequately monitor the child’s academic development and did not make accommodations in response to her learning needs. 

According to the school website, Lamplighter’s mission statement states that “Dedicated to igniting the potential of each child, Lamplighter engages children in the joy of learning through intellectual discovery in a creative, inclusive, and collaborative environment.” The school also promotes a “statement of inclusion.” 

According to the complaint, “Lamplighter simply neglected its obligations to accommodate the Child’s disabilities and directed the Child to leave and go to a different school.” 

The complaint continued, “Furthermore, the re-enrollment denial occurred after a documented, contractually agreed upon deadline for making such decisions – abandoning the Child and her family at a critical juncture in the Child’s formative years.”  

The complaint alleges that Lamplighter violated Title III of the ADA when it discriminated against the child because of the child’s disability. The complaint alleged that Lamplighter discriminated against the child by failing to reasonably accommodate the child and denying her enrollment in Lamplighter’s educational programs, and by denying the child the ability to participate in on-site therapy to remediate her disabilities, among other actions.    

“We believe this case is important for not only our daughter, but also all families who advocate for children with learning disabilities,” says James Hardt. “We believe accommodations could have been made in this instance, and we hope they will be made going forward for families who entrust Lamplighter with the education of their children.” 

Joining William A. Brewer III in representing plaintiffs is attorney Efrain Vera. 

Law360 Reports on LGBT Bias Suit Brought By Bankruptcy Attorney

On March 31, 2021, Law360 reported that Brewer client Trey A. Monsour, who is a prominent bankruptcy attorney, brought a lawsuit in Texas federal court against the law firm Polsinelli PC, accusing the firm of discriminating against him based on his sexual orientation. 

Mr. Monsour, a former partner at the firm who is gay, alleged that the firm began discriminating against him after he was hired as a partner in the firm's Houston office in 2017. 

William A. Brewer III, who represents Monsour in the suit, said in a statement that his client is suing "to expose what he believes is a troubling pattern of discrimination based on sexual orientation at Polsinelli -- and to champion a call for diversity, tolerance and inclusion in the legal industry." 

Law360 reported that according to the lawsuit filing, "Whereas almost all newly hired partners were invariable provided with associate and administrative support, the firm denied Mr. Monsour these basic resources, despite his repeated appeals to management for help. The suit alleges that firm leaders also made "derogatory comments" regarding gay employees and that Monsour felt "isolated and without recourse." 

Read more.

Brewer News Release - Discrimination Lawsuit Filed Against Polsinelli Law Firm

Dallas, TX… March 31, 2021 – Brewer client Trey A. Monsour, a prominent bankruptcy attorney, filed a lawsuit against the law firm Polsinelli PC alleging discrimination based on sexual orientation.  

Mr. Monsour worked as a partner in the Bankruptcy Practice Group in the firm’s Houston office. 

Filed in the United States District Court for the Southern District of Texas, Houston Division, on March 30, 2021, the lawsuit alleges discriminatory treatment of Mr. Monsour, an openly gay man, after he became an equity partner in June 2017 in its then newly founded Houston office.  

According to the complaint, Mr. Monsour, was quickly subjected to harassment, denied adequate support and resources, and terminated for his sexual orientation.  

The lawsuit claims Polsinelli violated the Civil Rights Act of 1964 and Age Discrimination in Employment Act, and committed Fraudulent Inducement, among other claims.  

“Mr. Monsour alleges he was discriminated against at Polsinelli law firm because he is gay,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel to Mr. Monsour. “By any measure, Mr. Monsour is a successful and established attorney. He brings this lawsuit to expose what he believes is a troubling pattern of discrimination based on sexual orientation at Polsinelli – and to champion a call for diversity, tolerance and inclusion in the legal industry.”     

According to the complaint, “From the outset, Polsinelli treated Mr. Monsour differently from other similarly situated non-LGBTQ employees. Whereas almost all newly hired partners were invariably provided with associate and administrative support, the firm denied Mr. Monsour these basic resources, despite his repeated appeals to management for help.”   

The complaint says, “Polsinelli’s adverse employment actions were made on the basis of Mr. Monsour’s protected age and sexual orientation, a fact starkly punctuated by derogatory comments by firm leaders regarding gay employees that Mr. Monsour overheard firsthand, as well as observations and stories of contemporaneous experiences relayed by Mr. Monsour’s colleagues.”   

The complaint alleges that Polsinelli’s self-proclaimed commitment to diversity and inclusion on its website and in marketing materials is a ruse. In fact, diversity numbers remain low at the firm. Mr. Monsour claims that he was induced to join the 800-lawyer firm, based on its public representations and “commitment” to diversity and inclusion.  

Joining William A. Brewer III in representing Mr. Monsour is William A. Brewer IV.