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E.E.O.C. v. CHEVRON PHILLIPS CHEMICAL CO., LP

No. 07-20661.

570 F.3d 606 (2009)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. CHEVRON PHILLIPS CHEMICAL CO., LP, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 5, 2009.

Attorney(s) appearing for the Case

Elizabeth Ellen Theran (argued), Washington, DC, Rodolfo Lucio Sustaita, Houston, TX, for E.E.O.C.

Scott Robert McLaughlin (argued), Jackson Walker, L.L.P., Houston, TX, Manuel Lopez, Marlene Williams, Shook, Hardy & Bacon, Houston, TX, for Chevron Phillips Chemical Co.

Before GARZA and DENNIS, Circuit Judges, and MILLS, District Judge.

DENNIS, Circuit Judge:

This is an enforcement action brought by the Equal Employment Opportunity Commission ("EEOC") pursuant to the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12101 et seq. The EEOC filed a complaint on behalf of Lorin Netterville, who suffers from Chronic Fatigue Syndrome ("CFS"), alleging that her former employer, Chevron Phillips Chemical Company ("CPChem") failed to accommodate her known substantial limitations...

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