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5th - EEOC prevails in chronic fatigue syndrome ADA case
June 05, 2009 by Ross Runkel at LawMemo
EEOC won a major victory today, on behalf of a former employee who suffered from chronic fatigue syndrome.
The full opinion: EEOC v. Chevron Phillips Chemical (5th Cir 06/05/2009)
EEOC sued Lorin Netterville's former employer claiming violations of the Americans with Disabilities Act (ADA). The trial court granted summary judgment for the employer; the 5th Circuit reversed.
Netterville suffered from chronic fatigue syndrome (CFS). In a fact-intensive decision, the 5th Circuit concluded that there were triable issues of fact as to three aspects of the case.
(1) Disability: The court found that Netterville's CFS caused a substantial limitation on her major life activities of caring for herself, sleeping, and thinking. "Netterville's affidavit attests that she often did not shower for several days because contact with the water was painful and because her arms hurt too much to raise them to wash herself or dry her hair. When she did shower, she needed to rest afterwards. She was unable to cook, shop for food, zip up her own clothes, or even use the bathroom without her sister's assistance." The court rejected arguments that her CFS was "intermittent," her impairments were "short-lived, non-permanent, and non-severe," and symptoms were somewhat controlled by medications.
(2) Accommodation: The court found that there was evidence that the employer did not attempt to entertain Netterville's requested accommodations.
(3) Discharge for having a disability and for requesting an accommodation: The trial court found that the only reasonable inference from the evidence was that the employer discharged Netterville because she misrepresented her medical history. The 5th Circuit concluded that a jury reasonably could find that Netterville answered questions truthfully and that the employer's proffered explanation was not credible in light of all of the evidence.
Earlier report: 5th Circuit Reverses MSJ in Chronic Fatigue Syndrome Case (Jottings By An Employer's Lawyer).
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