An issue that has percolated for many years is whether an employer must offer a transfer to an open position as an accommodation to a person with a disability. Adrianna Cook worked for the Methodist Hospital for several years when she injured her back in 2012. She then worked in a light duty position for
failure to accommodate
Texas Supreme Court Requires Employer to Honor its 12 Month Leave Policy
Albert Lara, a 21 year employee with the Texas Department of Transportation, suffered some stomach issues which required surgery. He went home to recover. he used up all his sick leave and personal leave. Under DOT’s leave without pay policy, he requested extended leave as an accommodation. DOT had a policy which allowed up to…
Choice of Two Reasonable Accommodations Lies with the Employer
In Austgen v. Allied Barton Security Services, LLC, No. 19-20613, 2020 U.S. App. LEXIS 20085 (5th Cir. 6/26/2020), a security officer, working for the Port of Houston, encountered back pain in inspecting vehicles. The pain was chronic and had been aggravated by climbing around vehicles. His employer told him to stay home on unpaid…
Western District Denies Summary Judgment
In Rodriguez v. Dollar General Corp., No. SA-19-CV-00713 (W.D. Tex. 7/30/2020), we see the uncommon instance in which the Western District does not accept the Defendant’s mis-characterization of the Plaintiff’s evidence. The case concerns a warehouse supervisor who suffered from diabetes. The diabetes lead to complications which caused pain and swelling in his feet.…
Accommodation Not Include Extended Leave
As often happens with serious injuries, the recovery period is hard to predict. In Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (7th Cir. 2017), Raymond Severson took his full 12 weeks of leave under the Family Medical Leave Act. He was addressing his serious back pain. On the last day of his leave,…
Seventh Circuit Rejects Extended Leave
If a person needs an extended leave for treatment for a bad back, would the ADA require an employer to allow him an extra few months? The Seventh Circuit in Severson v. Heartland Woodcraft, Inc., No. 15-3754 (7th Cir. 9/20/2017), said no. Ray Severson, left work for his full 12 weeks of unpaid leave…
General Accommodation Requests Do not Work Well
When a person asks for an accommodation, s/he must be specific. A general request to “reduce stress” at the work place will not suffice. In Murray v. Warren Pumps, 821 F.3d 77 (1st Cir. 2016), the plaintiff had a bad back. His work restrictions included not lifting anything over 10 pounds and not sitting,…
DOJ Files Suit Regarding Teacher Denied Leave for the Hajj
The Department of Justice has filed suit against a school district in Illinois, near Chicago, because the school refused to allow a Moslem teacher time off to go on the Hajj. The Hajj is a requirement for Moslems who are financially and physically able. They make a trip to Mecca and pray. It is said…