Takeaway: When an employer prepares to layoff or reduce its workforce, the employer should evaluate employees using standard and clear criteria as it determines which employees to retain and which to terminate. Employers should be mindful not to evaluate employees based on any protected classifications under federal, state or local laws, including an ADA-protected disability.
The 5th U.S. Circuit Court of Appeals overturned a trial court's decision in favor of the employer, criticizing the employer's reasoning for terminating the plaintiff's employment as part of a reduction in force (RIF). The appellate court found that the employer's inconsistent rationales discredited the employer's defenses to a claim of disability discrimination.
Apache Industrial Services Inc. initially hired the plaintiff in March 2018, to work on a temporary, six-month basis on a scaffolding project in Beaumont, Texas. When it hired the plaintiff, Apache knew she was diabetic, but the plaintiff's doctor cleared her to perform the company's work.
The plaintiff began work in early April, working for a few weeks before she suffered a diabetic attack at work on April 26, 2018. After the attack, her doctor permitted her to return to work the next day.
On May 2, 2018, she was terminated, along with 11 other employees, as part of a RIF.
In a lawsuit challenging her termination, the plaintiff alleged she was fired in violation of the Americans with Disabilities Act (ADA) because of her diabetes and her...
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