E.E.O.C. v. EXXON CORP.

No. 98-11356.

203 F.3d 871 (2000)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. EXXON CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 11, 2000.


Attorney(s) appearing for the Case

Dori Kay Bernstein (argued), EEOC, Washington, DC, for Plaintiff-Appellee.

Ronald L. Palmer, Dallas, TX, William C. Strock (argued), Haynes & Boone, Dallas, TX, Tony P. Rosenstein, Baker Botts, Houston, TX, Christopher G. Bell, Jackson, Lewis, Schnitzler & Krupman, Minneapolis, MN, for Defendant-Appellant.

Paul James Kennedy, Littler Mendelson, Washington, DC, for Institute for a Drug-Free Workplace, Amicus Curiae.

Ann Elizabeth Reesman, Corrie L. Fischel, McGuiness & Williams, Washington, DC, for Equal Employment Advisory Council, Amicus Curiae.

Before HIGGINBOTHAM and SMITH, Circuit Judges, and DUPLANTIER, District Judge.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this appeal under the Americans with Disabilities Act ("ADA"), we review the measure of a safety-based qualification standard defended as a business necessity. The EEOC moved for partial summary judgment arguing that the only defense available under the ADA when an employer imposes a safety qualification standard is for the employer to prove that the individual poses a "direct threat." The district court granted the motion...

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