Texas Tech University Health Sciences Center - El Paso v. Dr. Lindsey Niehay
This dissenting opinion concerns a case where Dr. Lindsey Niehay alleged wrongful dismissal from Texas Tech University Health Sciences Center–El Paso due to a disability (morbid obesity) under Chapter 21 of the Texas Labor Code. Justice Boyd argues that the Court's majority opinion incorrectly limits the definition of "disability" by requiring an underlying physiological disorder, contrary to the broad interpretation mandated by the Texas Labor Code and the Americans with Disabilities Act. He contends that Niehay presented sufficient direct evidence that the University regarded her morbid obesity as a physical impairment and that it was a motivating factor in her termination, regardless of other stated reasons for dismissal. Therefore, he concludes that the court of appeals' judgment, presumably in Niehay's favor, should be affirmed, and the Supreme Court's decision to rule against Niehay should be reversed.