Approving a vaccine exemption does not mean admitting an employee is disabled under federal law, a U.S. appeals court ruled on February 27.
That distinction matters for every HR team that processed medical exemption requests during the COVID-19 vaccine mandate era – and for those still managing the legal fallout from those decisions.
In a decision, the Fifth Circuit Court of Appeals sided with FMC Technologies, an oil-and-gas solutions company that does business as TechnipFMC, affirming a lower court ruling that rejected a disability discrimination claim brought by a former employee.
The case traces back to November 2021, when FMC rolled out a mandatory COVID-19 vaccine policy for certain employees. The move was driven largely by its clients, many of whom had already imposed similar requirements for workers at offshore and shore-based sites. For FMC, vaccination became a condition of employment.
Dakota Pietsch, who worked as a subsea-technical-services employee at the time, has a heart condition called mitral-valve prolapse. His physician provided a medical statement indicating his condition prevented him from receiving the vaccine, and FMC approved his exemption request. So far, so reasonable.
The problem came next. FMC told Pietsch he could not remain in his current role and placed him on paid administrative leave while it looked for alternatives. The company offered him a handful of other positions – including frac-flowback supervisor and machinist – but Pietsch found...
Kenneth Scott Miller, 48, is charged with a felony count of making a false report to law enforcement. He was released from the Escambia County Jail on a $500 bond. According to an Escambia County ...