Donaldson v. Texas Department of Aging & Disability Services

The majority opinion in this case creates and analyzes an unpleaded “reasonable accommodation” claim out of the second element of a disability discrimination claim (the element requiring that the plaintiff show he was qualified to perform his job either (1) with or (2) without “reasonable accommodation”). And it decides that that element, as a separate cause of action, keeps alive for trial a three-year-old governmental employee disability discrimination claim against the. Texas Department of Age and Disability Services (DADS) that it has already dismissed as without merit on other grounds.…