Burton v. Freescale Semiconductor, No. 14-50944 (5th Cir. 2015)Annotate this Case
Plaintiff filed suit against Freescale and Manpower under the Americans with Disabilities Act (ADA), 42 U.S.C. 12112, alleging discriminatory termination and a claim under the Texas Labor Code alleging retaliatory termination based on her filing of a workers’ compensation claim. The district court granted summary judgment in favor of defendants. The court concluded that the evidence was sufficient to raise an inference of pretext, and therefore, the court reversed the district court’s grant of summary judgment with respect to plaintiff's ADA claim. However, the court concluded that plaintiff's retaliation claim failed because Freescale did not provide plaintiff's workers' compensation coverage and because there is no evidence that Manpower acted with a retaliatory motive.
The court issued a subsequent related opinion or order on August 11, 2015.