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Garcia v. Allen6/8/2000
or life activities" as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. See Sutton, 119 S. Ct. at 2139 (citing 1 CFR § 457.103).
Even if working in general is the major life activity that Garcia points to as being substantially limited, we do not believe that his restrictions rise to the level of significantly reducing his ability to work in a class of jobs or a broad range of jobs as compared to the average person having comparable training, skills and abilities. When the activity is "working," the individual's impairment substantially limits the activity when the impairment severely restricts or forecloses his ability to work in general. 29 C.F.R. § 1630.2(j)(3)(i); Redmon, 745 S.W.2d at 318; Azubuike, 970 S.W.2d at 63-64; Chandler v. City of Dallas, 2 F.3d 1385, 1391-93 (5th Cir. 1993), cert. denied 511 U.S. 1011, 114 S.Ct. 1386, 128 L.Ed.2d 61 (1994). In other words, it is not enough that the employee asserting a disability cannot perform a single or particular job or a narrow range of jobs. Azubuike, 970 S.W.2d at 63-64. As the Supreme Court pointed out in Sutton,
reating physical criteria for a job , without more, does not violate the ADA. The ADA allows employers to prefer some physical attributes over others, so long as those attributes do not rise to the level of substantially limiting impairments. An employer is free to decide that physical characteristics or medical conditions that are not impairments are preferable to others, just as it is free to decide that some limiting, but not substantially limiting, impairments make individuals less than ideally suited for a job.
Sutton, 119 S.Ct at 2142-43.
We hold that Garcia's knee injury does not substantially limit a major life activity, and is thus, not covered by the anti-discrimination act. We affirm the trial court's grant of summary judgment.
IV. Workers' Compensation Retaliation Cause of Action
Next, Garcia contends that he was fired in retaliation for his filing of a workers' compensation claim. Texas Labor Code Section 451.001 states:
A person may not discharge or in any other manner discriminate against an employee because the employee has:
(1) filed a workers' compensation claim in good faith;
(2) hired a lawyer to represent the employee in a claim;
(3) instituted or caused to be instituted in good faith a proceeding under Subtitle A; or
(4) testified or is about to testify in a proceeding under Subtitle A.
Tex. Lab. Code Ann. § 451.001 (Vernon 1996).
The employee has the burden of demonstrating a causal link between the discharge and the filing of the claim for workers' compensation benefits. McIntyre v. Lockheed Corp., 970 S.W.2d 695, 697 (Tex. App.-Fort Worth 1998, no pet.); Duhon v. Bone & Joint Physical Therapy Clinics, 947 S.W.2d 316, 318 (Tex.App.--Beaumont 1997, no writ). This causal connection is an element of the employee's prima facie case and may be established by direct or circumstantial evidence. McIntyre, 970 S.W.2d at 697; Duhon, 947 S.W.2d at 319. Once the employee has established the causal link, the employer bears the burden to rebut the alleged improper termination by showing there was a legitimate reason behind it. McIntyre, 970 S.W.2d at 697-98; Duhon, 947 S.W.2d at 319. Thereafter, in order to survive a motion for summary judgment, the burden shifts back to the employee to produce controverting evidence of a retaliatory motive. McIntyre, 970 S.W.2d at 697-98; Duhon, 947 S.W.2d at 319.
The Texas Supreme Court has offered guidance on how a plaintiff can establish tha
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