Valerie Prevost v. City of Houston, Texas Legal Department, Labor and Employment

Revocation of an Established Reasonable Accommodation Whether Title I of the Americans with Disabilities Act requires an employer that has provided a reasonable accommodation for an extended period to conduct an individualized reassessment, engage in the interactive process, and demonstrate undue hardship before revoking that accommodation, and whether an employer's failure to do so—despite possessing current medical documentation and offering shifting or pretextual justifications—violates the ADA, where the courts of appeals are divided regarding the legal standards governing the withdrawal of established accommodations. Adverse Employment Action, Constructive Discharge, and Judicial Review Whether a municipal employer's revocation of a long-standing disability accommodation, forcing a disabled employee to work under hazardous conditions and beyond documented medical restrictions, constitutes an adverse employment action or constructive discharge under Title I of the ADA, and whether a federal court may affirm summary judgment by disregarding competent medical evidence and evidence of disabilityrelated physical injury, creating a conflict among the courts of appeals regarding the evidentiary standards applicable to ADA discrimination. Federal Remedies Under the ADA Whether the Supremacy Clause and Title I of the Americans with Disabilities Act preempt state workers' compensation exclusivity provisions that bar recovery for physical injuries directly caused by intentional disability discrimination, retaliation, or the unlawful withdrawal of reasonable accommodations, where the courts of appeals are divided concerning the availability and scope of federal remedies under the ADA. Neutral Workplace Policy to Create Workplace Barriers (ADA) Whether Title I of the Americans with Disabilities Act permits an employer to revoke a long-standing reasonable accommodation and rely on a facially neutral workplace policy to deny equal access, without conducting an individualized assessment or engaging in the interactive process, when enforcement of that policy creates workplace barriers that foreseeably cause physical injury to a qualified employee with a disability, thereby creating a conflict among the federal courts of appeals regarding the scope of the ADA's reasonable accommodation requirements.