In a rare employment case issuing from the Texas Supreme Court, the Court held that morbid obesity, without some evidence that it is caused by an underlying physiological disorder or condition, does not qualify as a disability under state ant-discrimination laws. The case arose following the termination of a medical resident who was employed by
Disability
Employers Not Ordinarily Required to Provide Competition-Free Transfers to Disabled Employees as Reasonable Accommodation Absent Special Circumstances Says Fifth Circuit
In a significant case involving an employer’s obligation to transfer a disabled employee, who cannot perform the essential functions of the employee’s current position, to an open, vacant position, the Fifth Circuit Court of Appeals held that an employer’s policy of hiring the most qualified candidate to fill vacant positions need not be ignored by…
Texas Businesses Likely to See More Employment Litigation in 2023 and Beyond if Employees Prevail in Pending Appeals
The results of three pending cases could greatly increase the amount of employment-related litigation Texas employers may face in 2023 and beyond. In Groff v. DeJoy, Postmaster General of the United States Postal Service, the U.S. Supreme Court is considering what the lengths to which an employer must go to accommodate an employee’s sincerely…
Employers Considering Options to Increase Vaccination Rates of their Workforces
With increase in infections from Delta COVID variant among the unvaccinated and the anticipated return to in-office work, employers are considering options to increase the percentage of fully vaccinated employees in the workforce. These include mandatory vaccine requirements and incentive programs to increase the number of employees that are fully vaccinated. Guidance from the EEOC…
Texas Court Holds Request for Reasonable Accommodation is not Protected Activity
Texas courts routinely look to and take guidance from federal law when evaluating claims under the Texas Commission on Human Rights Act. The TCHRA is the Texas state law that prohibits employment discrimination on the basis of disability (and other status) and requires employers to provide reasonable accommodation to qualified individuals with disabilities.
Continue Reading Texas Court Holds Request for Reasonable Accommodation is not Protected Activity
Fifth Circuit Holds That Telecommuting Not a Reasonable Accommodation Because Regular In-Office Work Was Essential Job Function of Litigation Attorney
In Credeur v. State of Louisiana, an attorney working as a litigator with the attorney general’s office experienced health issues related to a kidney transplant. The Office of the Attorney General allowed Credeur to work from home temporarily while she was recovering from her transplant surgery. After several months of telecommuting, the Office of…
Everyday is Take Your Dog to Work Day: EEOC Sues Employer Alleging Ban on Service Dog at Workplace
One of the consequences of the Americans with Disabilities Amendment Act’s expanded definition of disability is that employers are facing a much larger number of accommodation requests and therefore a greater number of potential accommodations. Anecdotally, I have seen a sharp uptick in the number of employees asking employers to bring animals to the workplace…
EEOC Publishes Resource on Employer-Provided Leave and the Americans with Disabilities Act
This week the EEOC published a resource document intended to provide guidance on providing disabled employees with leave of absence as a reasonable accommodation.
According to the Commission,
[It] continues to receive charges indicating that some employers may be unaware of Commission positions about leave and the ADA. For example, some employers may not know
…
Fifth Circuit Resolves Intra-Circuit Split on Important ADA Issue
Last month the Fifth Circuit resolved an intra-Circuit split on the appropriate prima face case that should be used in a discrimination case under the Americans with Disabilities Act. In EEOC v. LHC Group, Inc., the EEOC brought suit on behalf of a home health field nurse who was terminated after she was rendered unable…
Broad Definition of Disability Can Provide Some Advantages for Employers in Disability Suits
The Americans with Disabilities Amendments Act greatly expanded the definition of what constitutes a disability. Consequently, it increased the number of employees who qualify for the protections of the Act (or as I often lament, we’re all disabled). A positive consequence of this broad definition of disability for defendant-employers is the increased likelihood that in any disability discrimination case…