Fifth Circuit Rules in ADA Matter
// Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse
The Fifth Circuit Court of Appeals recently addressed the Americans with Disabilities Act. EEOC v. LHC Group, Inc., No. 13-60703 (5th Cir. Dec. 11, 2014), available at http://www.ca5.uscourts.gov/opinions/pub/13/13-60703-CV0.pdf.
A nurse--who drove herself to patients’ homes--suffered a grand mal seizure at work. Her doctor advised her not to drive. Shortly thereafter, her employer terminated her, citing poor performance. The Equal Employment Opportunity Commission sued on the nurse’s behalf. The trial court granted summary judgment for the employer.
On appeal, the Court partially reversed the summary judgment. The Court found a genuine dispute of material facts existed regarding whether the employer fired the employee because of her disability. After clarifying its stance on the correct standard of proof required by the ADA, the Court concluded that a genuine dispute existed regarding whether driving was necessary for the employee’s position because evidence suggested she may have been promoted to a position for which driving was not an essential function. A genuine dispute also existed regarding whether the employer properly considered and addressed the employee’s request that her disability-related driving restriction be accommodated.
This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about a disability-related matter, 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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