Texas court draws roadmap for direct threat defense
You likely have heard of the direct threat defense to an Americans with Disability (ADA) claim. But what is it? How does it work? A recent case from the U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) answers these questions.
Tough job
Joseph Carrillo was a diesel electrician for Union Pacific Railroad Company (UP) at one of its facilities in Texas. His duties? Essentially, big locomotives are parked in a railyard, and he climbed in, over, and around them to fix problems with their electrical systems.
One morning in June 2017, Carrillo was at home getting ready for work when he suddenly went unconscious, bit his tongue, and hit the floor. Remembering nothing of the event, he saw a series of doctors:
- A cardiologist ordered a stress test that Carrillo failed.
- A neurologist diagnosed a possible seizure (among other possible causes) and ordered him not to drive or put himself in situations in which he or others could be injured.
- UP’s doctor reviewed the notes of these doctors, administered other tests, and concluded that Carrillo likely had a seizure.
Was that it? No. UP went a step further. It sent Carrillo’s records to a specialist at the University of Nebraska. The specialist concluded Carrillo likely experienced an isolated seizure and was at significant risk of sudden incapacitation for the next five years based on objective medical evidence.
Meanwhile, back at the railyard