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Texas worker’s physical leads to disability discrimination claim

| Feb 14, 2014 | Employment Disputes |

Employee’s that suffer from less severe medical conditions can still find a home in the workplace. Some conditions are easily treatable so that the person can perform the job the same as a someone who is not disabled. If the disability does not impede a Texas worker’s ability to perform the job, the condition should not be an issue. However, there are still cases in which an employer may use disability discrimination as a means to discharge an employee.

A former court security officer is claiming that his medical condition is the reason that he lost his job. He suffers from an irregular heartbeat for which he takes medication. This medication helps to prevent him from having heart attacks. The plaintiff states that his medical condition did not prevent him from performing the essential functions of his job or restrict him in any way.

According to his complaint, he stated that he was sent to receive a physical from a doctor. The doctor that performed the physical worked beneath the employer. The defendant alleges that he was told the man’s condition prevents him from performing his duties and poses a large health risk. After the doctor’s visit, the plaintiff states that he was relieved of his duties.

The former officer is suing his employer, claiming that he was let go because of disability discrimination. In his suit, he is seeking litigation fees and damages. Texas workers that believe that they have unjustly been fired due to their medical condition can choose to file a claim. If the court rules in favor of the employee, he or she may receive lost wages, court fees and potential reinstatement.

Source: setexasrecord.com, Orange Co. man suing former employer, claiming discrimination, Ben Hart, Feb. 6, 2014

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