United States Fifth Circuit

In an EEOC enforcement action for failure to accommodate an employee's disability under the ADA, summary judgment for Defendant is reversed where the EEOC raised genuine issues of material fact as to whether: 1) the employee was disabled under the ADA; 2) Defendant failed to accommodate her substantial limitations; and 3) Defendant discharged her because of her disability and because she requested accommodations.

Appellate Information

• Decided 06/05/2009
• Published 06/05/2009

Judges

• DENNIS, Circuit Judge:, Before GARZA and DENNIS, Circuit Judges, and MILLS, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Elizabeth Ellen Theran (argued), Washington, DC, Rodolfo Lucio Sustaita, Houston, TX, for E.E.O.C., Scott Robert McLaughlin (argued), Jackson Walker, L.L.P., Houston, TX, Manuel Lopez, Marlene Williams, Shook, Hardy & Bacon, Houston, TX, for Chevron Phillips Chemical Co.