Divided 5th Circuit Panel Reissues Opinions In Parkinson’s Bias Appeal

Mealey's (February 19, 2019, 1:13 PM EST) -- NEW ORLEANS — A split Fifth Circuit U.S. Court of Appeals on Feb. 15 withdrew its December opinion in an appeal of a railway worker’s disability bias and retaliation claims and substituted in its place a majority opinion reinstating the disability bias claims brought by the worker with Parkinson’s disease who was denied the opportunity to return to his job after co-workers raised concerns about his ability to safely perform his job, but explained in a footnote that it has not imposed a new requirement for assertion of the direct-threat defense (Flora Nall v. BNSF Railway Company, No. 17-20113, 5th Cir., 2019 U.S. App. LEXIS 4638)....