 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Haggar Apparel Co. v. Leal12/31/2004
Section 21.051 of the Texas Labor Code makes it unlawful for an employer to discharge an employee because of disability. As relevant to this case, disability is defined as having a "physical impairment that substantially limits at least one major life activity . . . or being regarded as having such an impairment." The issue here is whether there is any evidence that respondent's physical impairments - carpal tunnel syndrome and lower back pain - substantially limited a major life activity, specifically, work. Assuming that work is a major life activity within the meaning of the statute, we conclude that there is no evidence of substantial limitation. Accordingly, we reverse the judgment of the court of appeals and render judgment for petitioner.
Haggar Apparel Co. employed Maria Leal as a seamstress and label presser from 1979 to 1994. She worked on an assembly line. In 1983, Leal was diagnosed with carpal tunnel syndrome in her left wrist and successfully treated, but in 1993, she suffered a recurrence of that condition and also developed a similar condition in her right wrist as well as lower back problems. She was treated for several months during which she continued to work, although at lighter duties. One of her physicians released her to return to her regular job in June 1994, but she worked only a few days before taking a week's vacation. She returned to work more than two days late and was terminated. At the time, Leal was on probation for excessive, unexcused absences.
Leal sued Haggar for discharging her because of disability, age, and a worker's compensation claim. She also sued for intentional infliction of emotional distress. The jury returned a verdict for Leal on her disability claim but against her on the other three claims. The trial court rendered judgment on the verdict. Only Haggar appealed. The court of appeals affirmed.
One purpose of chapter 21 of the Texas Labor Code is to further the policies of Title 1 of the Americans with Disabilities Act of 1990, as amended ("the ADA"). Accordingly, in construing and applying chapter 21, we are guided by federal law.
The definition of "disability" in chapter 21, quoted above, is essentially the same as in the ADA. Although federal regulations treat work as a major life activity within the statutory definition, the United States Supreme Court stopped short of doing so in Toyota Motor Mfg., Kentucky, Inc. v. Williams. Assuming it is, the Supreme Court held, to show a substantial limitation, "a claimant would be required to show an inability to work 'in a broad range of jobs,' rather than a specific job." The trial court's instruction to the jury in this case was consistent with the Supreme Court's holding.
The court of appeals acknowledged that Leal was required to prove, "at a minimum, that [she was] unable to work in a broad class of jobs," but it cited no evidence to support such a finding. The only evidence cited by the court of appeals was that Leal suffered an impairment, which is not disputed, that supervisors commented on her age, and that Haggar's plant manager testified that he would not rehire Leal unless she could work a ten-hour day. Leal cites no other evidence to us in her brief.
Leal conceded at trial that 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
Page 1 2 Texas Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|