Jottings By An Employer's Lawyer

Monday, January 03, 2005

Working As A Major Life Activity - the Texas Supreme Court View

Assuming without deciding that work can be a major life activity for purposes of the Texas equivalent to the ADA, the Texas Supreme Court finds there is no evidence to show that Leal who had carpal tunnel syndrome was precluded from doing a broad class of jobs. Haggar Apparel Co. v. Leal (Tx. 12/31/04) [pdf]. In fact, the Court found the record showed the exact opposite:
Shortly before she was terminated, one of her physicians released her to regular duty and another to moderate duty. Leal argues that the evidence showed she was unable to work at assembly line jobs like the one at Haggar, but it shows exactly the opposite: Leal continued to work at Haggar up to the day she was terminated. Even if Leal were correct, she does not argue that she was unable to work in a broad class of jobs. To the contrary, she testified that after she left Haggar she worked for a child care facility and applied to work at the public school.
The Court does nothing more, nor less, than align itself with the U.S. Supreme Court's decision in Toyota Motor Mfg., Kentucky, Inc. v. Williams.


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