Fifth Circuit Rules for Employee in ADA Claim
09/29/2013 // Dallas, Texas, United States // Attorney Keith Clouse (Press Release) // Keith Clouse // (press release)
The Fifth Circuit Court of Appeals recently ruled for an employee in a disability lawsuit. Feist v. Louisiana, No. 12-31065 (Sept. 16, 2013), available at http://www.ca5.uscourts.gov/opinions/pub/12/12-31065-CV0.wpd.pdf.
The plaintiff, a former assistant attorney general for the Louisiana Department of Justice, claimed that her employer discriminated against her in violation of the Americans with Disabilities Act by failing to provide free on-site parking to accommodate her disability. The trial court granted summary judgment because the plaintiff failed to show that her request was reasonable since she did not demonstrate how the denial of free on-site parking limited her ability to perform the essential functions of her job.
The Court reversed. Under the ADA, reasonable accommodations are not restricted to modifications that enable performance of essential job functions. Thus, the trial court erred when it required a nexus between the requested accommodation and the essential functions of the plaintiff’s job. While the Court declined to opine as to whether the requested accommodation was reasonable, it noted that the requested accommodation would presumably have made the plaintiff’s workplace more accessible and usable.
To learn more about reasonable accommodations under the ADA, contact an employment lawyer in your area. This article is presented by the employment law attorneys at Clouse Dunn LLP. For inquiries, send an email to [email protected] or call (214) 239-2705.
Address: 1201 Elm Street Suite 5200 Dallas, Texas 75270 – 2142
Other News / Press Releases
- Exempt Income in Bankruptcy Cases Expanded
- Privatizing the Attorney Grievance Process: Startup Disrupts the Legal Industry
- City Bus Hits and Kills East Harlem Man in Manhattan
- Brooklyn Car Wash Worker Killed In ‘Freak Accident’
- Steel Beam Crashes Through Semi-Truck Cab, Kills Driver in Pennington
- Broken Finger, Amputation and Injuries Prompt Britax Stroller Recall
- Cement Truck Slams Into Bronx Residential Building; 1 Dead, 4 Injured
- Loose Tractor-Trailer Rim Causes Accident on NJ Turnpike; 1 Seriously Injured
- Pile-Ups on Pennsylvania Turnpike Sends At Least 30 To Hospitals
- IKEA Junior Beds Recalled For Laceration Hazards By CPSC, Health Canada