Texas Supreme Court Rules on Disability Matter
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
The Texas Supreme Court recently addressed the issue: Does a firefighter who refuses to fight fires have a “disability” under either state or federal law? The Court answered in the negative. Houston v. Proler, No. 12-1006 (Tex. June 6, 2014), available at http://www.supreme.courts.state.tx.us/historical/2014/jun/121006.pdf.
The employer reassigned a firefighter to the firefighting academy twice: first when the firefighter allegedly failed to perform firefighting duties during an apartment fire and later when he indisputably failed to perform his duties during a house fire. The firefighter sued for disability discrimination and won a jury trial.
The employer appealed, arguing that the firefighter did not suffer from a disability. The Court agreed. The firefighter could not show that he suffered from an impairment that substantially limited a major life activity; being unable to set aside the normal fear of entering a burning building is not a mental impairment that substantially limits a major life activity. The firefighter attempted to show that he was discriminated against because he was perceived as suffering from a disability. But, the evidence showed that he was reassigned because the employer perceived him as unable to perform his job duties, not because the employer perceived him as unable to perform a major life activity.
To discuss a disability discrimination matter with an employment law attorney, contact an employment lawyer in your area. This article is presented by the Dallas employment lawyers at Clouse Dunn LLP. For inquiries, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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