07-20661-CV0.wpd

07-20661-CV0.wpd - IN THE UNITED STATES COURT OF APPEALS...

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Chief Judge of the Northern District of Mississippi, sitting by designation. * IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 07-20661 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Plaintiff-Appellant v. CHEVRON PHILLIPS CHEMICAL CO., LP Defendant-Appellee Appeal from the United States District Court for the Southern District of Texas Before GARZA and DENNIS, Circuit Judges, and MILLS, District Judge. * JAMES L. DENNIS, Circuit Judge: This is an enforcement action brought by the Equal Employment Opportunity Commission (“EEOC”) pursuant to the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12101 et seq . The EEOC filed a complaint on behalf of Lorin Netterville, who suffers from Chronic Fatigue Syndrome (“CFS”), alleging that her former employer, Chevron Phillips Chemical Company (“CPChem”) failed to accommodate her known substantial limitations and discharged her in violation of the ADA. The EEOC now appeals from the district court’s grant of summary judgment in favor of CPChem. Because we conclude United States Court of Appeals Fifth Circuit F I L E D June 5, 2009 Charles R. Fulbruge III Clerk
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No. 07-20661 The CDC is an agency of the United States Department of Health and Human 1 Services and is considered one of the world’s premier public health organizations. Courts often rely on the CDC’s recognition of a disease as an indication of its accepted status in the medical community. See, e.g., Buxton v. Halter , 246 F.3d 762, 763 n.1 (6th Cir. 2001). 2 that the EEOC raises genuine issues of material fact, viz ., whether Netterville is disabled under the ADA, whether CPChem failed to accommodate her substantial limitations, and whether CPChem discharged her because of her disability and because she requested accommodations, we reverse and remand. I. BACKGROUND In 1987, while attending school and caring for her children at home, but not otherwise employed, Lorin Netterville suffered her first onset of CFS symptoms. CFS is a syndrome recognized by the Centers for Disease Control and Prevention (CDC) that is characterized by severe fatigue plus four or more 1 symptoms from the following list: “substantial impairment in short-term memory or concentration; sore throat; tender lymph nodes; muscle pain; multi-joint pain without swelling or redness; headaches of a new type, pattern or severity; unrefreshing sleep; and post-exertional malaise lasting more than 24 hours.” CDC, CFS Basic Facts, available at http://www.cdc.gov/cfs/cfsbasicfacts.htm. There is no diagnostic laboratory test for CFS at this time – it is diagnosed by ruling out other causes for the symptoms presented. Id. After being diagnosed and treated for CFS in 1987, Netterville received a six-week course of B-12 and gamma globulin injections, but did not follow up with her doctor for further treatment after the injections because her symptoms disappeared. Thirteen years later, in December 2000, Netterville began working as a temporary administrative aid for CPChem, and in April 2001 she was hired as a full-time employee. Before CPChem offered Netterville the permanent position
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No. 07-20661
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This note was uploaded on 09/30/2011 for the course EMGT 5130 taught by Professor Jeong during the Fall '11 term at UH Clear Lake.

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07-20661-CV0.wpd - IN THE UNITED STATES COURT OF APPEALS...

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