On Dec. 11, the Fifth Circuit delivered an early Christmas present to plaintiffs lawyers in EEOC v. LHC Group, Inc. And, I’m not talking stocking stuffers, but a big old present under a lit up tree.
The case involves a nurse with epilepsy. She has a grand mal seizure at work and is terminated a little less than a month later. Here goes Santa’s gifts: The court nuked other Fifth Circuit formulations of establishing a prima facie case. Instead, they went with the most plaintiff friendly in which a plaintiff has a disability and she is qualified for the job she held. Next up is whether driving is an essential function of the job? Fifth Circuit says the job description does not control, but rather what the job actually entails.
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