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Supreme Court of Texas Hears Argument Over Whether DPS Wrongfully Fired Special Agent Callaway After School Incident
Summary
At oral argument, counsel for Mister Callaway told the Supreme Court of Texas that the Texas Department of Public Safety removed him as a special agent after an incident at his daughter's school and relied on supervisors' assumptions about his PTSD rather than medical evaluation; DPS said it acted on intolerable conduct.
The Supreme Court of Texas heard arguments over whether the Texas Department of Public Safety unlawfully terminated special agent Callaway after an incident at his daughter's school.
An attorney identified in the transcript as "Unidentified Speaker 3" told the court, "the Texas Department of Public Safety deprived mister Callaway of his position as a special agent, due to the incident with his daughter at her school and the record is clear on that." Counsel argued statements by supervisors such as Mister Rocco and Mister McGraw about Callaway's emotional control were evidence of discriminatory intent for a jury to weigh.
Why it matters: The case turns on how Chapter 21 of the Texas Labor Code defines when an employee is "qualified" to perform essential job functions and whether an employer…
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