Small packages, big ideas: 5th Circuit offers insights on accommodations, termination

Sometimes a short, simple employment law case packs the most educational wallop. That was the situation recently with a ruling from the U.S. 5th Circuit Court of Appeals (which covers Texas employers). The case illuminates important principles of workplace law.

Breathing problems

Ricky Jones worked as a respiratory therapist for a Lubbock hospital. After being hired in 1984, he enjoyed a long run with the employer until his termination in 2017.

Jones suffered from asthma and bronchiectasis, an abnormal widening of the bronchi or their branches, causing a risk of infection. To help him breathe, he needed an over-the-shoulder harness that secured an oxygen tank.

So, in August 2016, Jones asked the hospital to let him wear the device at work. Request denied. His supervisor thought it would be too bulky if multiple healthcare workers needed to attend to a patient at the same time. Or perhaps the apparatus could malfunction, then what?

Jones gave reasoned responses. Plus, he used the device for four days to test its functionality and claimed everything worked just fine. The issue didn’t come to a head at that time, however, because he took some time off, regained his strength, and was able to perform his duties without the need for assistance from the apparatus.