Court ruling exposes costly HR errors in disability leave and accommodation management
A federal appeals court has partly upheld a $1 million verdict for a Texas correctional officer fired after a disability leave dispute with her employer.
Kimberly Harmon spent about 18 years as a correctional officer with the Texas Department of Criminal Justice, managing diabetes, hypertension, and chronic lower-back pain. After taking leave for her health, Harmon was reassigned to a less desirable shift without explanation. She filed internal grievances and an equal employment opportunity complaint. Although she was eventually returned to her original shift, confusion over her remaining leave days led to her termination. Harmon was informed she had exhausted her leave, despite submitting a doctor’s note stating she could return to work “without restrictions.” The record shows that a human resources representative did not forward her doctor’s note to other officials, and the Director of Employee Services testified that this did not follow department policy.
After her separation, Harmon reapplied for her job but was not rehired, even though the department was experiencing a shortage of correctional officers. In her application, she noted her prior termination was for “exhaustion of leave.” The recommendation to rehire her was ultimately denied by a regional director and a final decision-maker, with no clear reason provided for the denial, despite her significant experience and the...
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