Tuesday, June 23, 2009

Fifth Circuit: ADA Protects Employee with Chronic Fatigue Syndrome

A really interesting case out of the Fifth Circuit this past week: EEOC v. Chevron Phillips, No. 07-20661 (5th Cir. June 5, 2009).  The case is of interest for a couple of reasons.

First, any Fifth Circuit case that allows an ADA plaintiff to have a jury trial is to a degree notable for that fact alone.  In this case, the Court held that the plaintiff -- suffering from chronic fatigue syndrome ("CFS") -- presented a genuine issue of material fact about whether she was...




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[Source: HR Lawyer's Blog]

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