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LITTLE v. TEXAS DEPT. OF CRIMINAL JUSTICE

No. 03-0498.

148 S.W.3d 374 (2004)

Evelyn LITTLE, Petitioner, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE and Gary Johnson, Director, Respondents.

Supreme Court of Texas.

Decided October 15, 2004.

Attorney(s) appearing for the Case

Cynthia L. Biggers, Austin, Donald M. Bishop, Brentwood, Stephen Yelenosky, Austin, and John Griffin Jr., Houston Marek & Griffin, L.L.P., Victoria, for Petitioner.

Adrian L. Young, Greg Abbott, Attorney Gen., Robert Bruni Maddox, Jay T. Kimbrough, Phillip E. Marrus, Barry Ross McBee, John A. Neal, Chief Prosecutor, Edward D. Burbach and David A. Talbot Jr., Office of Attorney General, Austin, for Respondent.

Brian East, Advocacy, Inc., Austin, Amicus Curiae Coalition of Texas with Disabilities.

Justice SMITH delivered the unanimous opinion of the Court.

Section 21.051 of the Labor Code provides that "[a]n employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer: (1) fails or refuses to hire an individual...." Tex. Lab.Code § 21.051 (emphasis added). For purposes of chapter 21 of the Labor Code, the term "disability" means "with respect to an individual, a mental...

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