In a recent pre-ADAA case, the Fifth Circuit Court of Appeals held that a former UPS employee’s limitations caused by Type II diabetes were not disabling and that UPS did not fail to provide reasonable accommodation to a known disability. Despite the fact that this case was based on pre-ADAA law, there are still some useful
Last Rites for Neutral Absence Control and Maximum Duration of Leave Policies?
By Russell Cawyer on
Posted in Retaliation, Workers' Compensation
For more than 15 years Texas employers have used the application of uniformly enforced neutral absence control policies setting a maximum duration an employee can be away from work as a defense to workers’ compensation retaliation claims. The defense was first solidified by the Supreme Court of Texas in in its 1996 Continental Coffee Prod. v. Casarez case. See…