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Category: ADA

ADA, Discrimination, Employment Law, Retaliation

ADA reasonable accommodation requirement not limited to essential job functions says 5th Circuit.

September 27, 2013rhenry12598Leave a comment

Feist v. State of Louisiana, No. 12-31065 (5th Cir. September 16, 2013). This is a disability discrimination case under the ADA where the U.S. Court of Appeals for the Fifth Circuit reversed a trial court order granting the State of Louisiana’s (employer)
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ADA, Employment Law

Simply entering into a drug treatment program does not protect employees under ADA says 5th Circuit.

August 21, 2013rhenry12598Leave a comment

Shirley v. Precision Castparts Corp. No. 12-20544 (5th Cir. August 12, 2013). This is an ADA and FMLA case where a terminated employee alleges his drug addiction was a “disability” precluding his termination. Brian Shirley was a twelve year press operator for
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  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA

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  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims

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