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ARTICLE · 05 APRIL 2017

Is Never Returning To Work A Reasonable Accommodation? Fifth Circuit Says No

Ogletree, Deakins, Nash, Smoak & Stewart
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Moss claimed his discharge was a result of both his disability and his political speech against then-candidate for constable Alan Rosen.

United StatesEmployment and HR
Raven Applebaum
Raven Applebaum
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On March 15, 2017, in Moss v. Harris County Constable Precinct One, the Fifth Circuit Court of Appeals reaffirmed that an employer is not required to accommodate an employee who is requesting indefinite leave as a reasonable accommodation. Robert Moss, who was a deputy with Harris County Constable Precinct One for 16 years, claimed he had been wrongfully discharged in 2013 while on leave following back surgery. Moss claimed his discharge was a result of both his disability and his political speech against then-candidate for constable Alan Rosen. After being discharged, Moss brought discrimination and retaliation claims under the Americans with Disabilities Act (ADA) and the Texas Labor Code (TLC), and also brought a First Amendment retaliation claim under 42 U.S.C. Section 1983.

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