Texas court: No excuses for employer’s failure to engage in interactive process

A recent case from the Corpus Christi Court of Appeals is good news for Texas employees and a warning for Texas employers when it comes to disability discrimination claims.

Conflict with supervisor

Heriberto De Leon didn’t get along with his supervisor at the city of Pharr. He claimed the conflict aggravated his hypertension (i.e., high blood pressure), depression, and anxiety disorder. Consequently, on February 1, 2018, he took Family and Medical Leave Act (FMLA) leave, with a scheduled return date of May 10, 2018.

Two messages were sent on May 9. One was a letter from his doctor to the city:   

Return to the [working] condition that caused the initial psychological disorders will retrigger and would jeopardize his health and overall wellbeing. . . . If [De Leon’s] return to work is absolutely necessary, please make all necessary efforts to accommodate [him] so as not to worsen his conditions.  

The other was a communication from De Leon to the city suggesting possible disability accommodations: