Corrections Officer’s Disability Bias Damages Remanded for Redo

Evidence backed most of a jury’s findings for a Texas corrections officer on her disability-accommodation, unlawful termination, and failure-to-rehire claims, but her $1 million award needs trimming, the Fifth Circuit ruled.

The former Texas Department of Criminal Justice employee showed she was denied accommodation and fired because she was disabled, in violation of the Rehabilitation Act, because it was reasonable to conclude she could perform the essential functions of her position, a unanimous panel said. That was so even though several of her duties, including searching inmates for contraband, could only be performed in person and she was on leave, ...