HOUSTON – The First Court of Appeals today affirmed a ruling granting SNC-Lavalin Engineers & Constructors summary judgment in a disability discrimination lawsuit.
The lawsuit was brought by Kirk Dillard, who worked for SNC as a mechanical designer and checker. As part of his employment, Dillard was selected to take an alcohol test.
Court records show Dillard took a breathalyzer test, which showed he had a blood alcohol content of 0.07. About 15 minutes later, he took a second breathalyzer test, which showed he had a blood alcohol content of 0.05. Dillard requested an alternative test, either a urine or blood test, as an accommodation for his diabetes.
SNC denied Dillard’s request and later fired him for violating the company’s alcohol policy.
In his suit, Dillard contended that SNC violated the Texas Commission on Human Rights Act by refusing to administer an alternative alcohol test, alleging that as a diabetic, he could give false positive breathalyzer test results due to ketoacidosis - a potential effect of diabetes that can cause the production of acetones in the breath - and that his diabetes qualified as a disability requiring reasonable accommodation under the TCHRA.
On appeal, justices found that Dillard failed to introduce evidence raising a genuine issue of material fact on three essential elements of his claim: disability status, notice of disability, and the existence of a reasonable accommodation.
“Each of these failures independently supports the trial court’s no-evidence summary judgment,” the opinion states. “We affirm.”
Appeal case No. 01-20-00372-CV