5th Circuit clips wings of ADA lawsuit

The law consists of an ever-timeless cycle of punch and counterpunch. It provides a claim to an employee. The employer counterpunches with a defense. The employee seeks to sidestep the defense. In late February, we saw this dance play out in a case coming out of Houston.

Lawsuit for disability discrimination

Dakota Pietsch worked for FMC Technologies, which provides technology services to oil-and-gas companies. It imposed a vaccination requirement on all employees during the COVID-19 pandemic, though medical exemptions to the requirement were allowed. 

Pietsch applied and received an exemption because of a heart condition, but he wasn’t allowed to remain in his job apparently because of client concerns about dealing with unvaccinated FMC employees. The company offered him several other positions with less customer contact, but because the positions involved a pay cut, he resigned instead. He then sued under the Americans with Disabilities Act (ADA), claiming unlawful discrimination based on an actual disability.

But was there a disability?

To sue for disability discrimination, though, an employee must show—as a threshold matter—an actual disability. Recall that this involves showing not only that he suffers from an impairment (Pietsch’s heart condition) but also that the impairment substantially limits a major life activity.