Jeffrey Neely v. PSEG Texas Ltd. P'ship, e, 735 F.3d 242 (5th Cir. 2013). · Go Syfert
Jeffrey Neely v. PSEG Texas Ltd. P'ship, e, 735 F.3d 242 (5th Cir. 2013). Cases Citing This Book View Copy Cite
“in crafting the congress intended . . . that the question of whether an individual's impairment is a disability under the ada should not demand extensive analysis.”
122 citation events (122 in the last 25 years) across 16 distinct courts.
Strongest positive: Tyson Carter v. Eagle Railcar Services Longview, Texas, LLC. (txed, 2022-12-07)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Tyson Carter v. Eagle Railcar Services Longview, Texas, LLC.
E.D. Tex. · 2022 · quote attribution · 1 verbatim quote · confidence high
in crafting the congress intended . . . that the question of whether an individual's impairment is a disability under the ada should not demand extensive analysis.
discussed Cited as authority (verbatim quote) Lois Davis v. Fort Bend County (2×) also: Cited as authority (rule)
5th Cir. · 2014 · quote attribution · 1 verbatim quote · confidence high
hough the adaaa makes it easier to prove a disability, it does not absolve a party from proving one.
cited Cited as authority (rule) Kyle Gunter v. XTO Energy, et al.
S.D. Tex. · 2026 · confidence medium
P’Ship, 735 F.3d 242, 245 (5th Cir. 2013) (cleaned up).
cited Cited as authority (rule) Stanford Degraffenreaid v. Ceva Logistics U.S., Inc., et al.
S.D. Tex. · 2026 · confidence medium
P'ship, 735 F.3d 242, 247 (5th Cir. 2013)).
cited Cited as authority (rule) Tommie Etta O’Neal v. Millstone Medical Outsourcing
N.D. Miss. · 2026 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013); Feist v. La.
cited Cited as authority (rule) Mark S. Smith v. Mark Dunning Industries, Inc.
S.D. Miss. · 2026 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013) (cleaned up).
cited Cited as authority (rule) Caruso v. Hill Country Mental Health and Developmental Disabilities Center
W.D. Tex. · 2025 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013) (discussing such claims after the ADAAA changed some statutory provisions).
cited Cited as authority (rule) Gross v. Carlisle Construction
5th Cir. · 2025 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013) (emphasis omitted) (quot- ing Feist v. La.
cited Cited as authority (rule) Patricio Estrada v. Director, TDCJ-CID
N.D. Tex. · 2025 · confidence medium
P’ship, 735 F.3d 242, 245 (5th Cir. 2013).
cited Cited as authority (rule) Coones v. Cogburn
5th Cir. · 2025 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013); Ball, 792 F.3d at 596 n.9.
discussed Cited as authority (rule) Thompson v. The Harris Center for Mental Health (2×) also: Cited "see"
S.D. Tex. · 2025 · confidence medium
Partnership, 735 F.3d 242, 245 (5th Cir. 2013) (recognizing that the ADAAA essentially broadened the definition of “disability”).
cited Cited as authority (rule) Salamah v. UT Southwestern Health Systems
N.D. Tex. · 2025 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013)).
cited Cited as authority (rule) Wingfield v. Garner
5th Cir. · 2025 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013). 1 We start with the disability-discrimination claim.
cited Cited as authority (rule) Weaver v. Vistra Corp. dba Luminent Mining
E.D. Tex. · 2025 · confidence medium
Partnership, 735 F.3d 242, 247 (5th Cir. 2013).
cited Cited as authority (rule) Pena v. Atascosa County
W.D. Tex. · 2025 · confidence medium
P'ship, 735 F.3d 242, 245 (5th Cir. 2013)).
cited Cited as authority (rule) Hicks v. Baylor University Medical Center Dallas
N.D. Tex. · 2024 · confidence medium
P’ship, 735 F.3d 242, 244 (5th Cir. 2013) (citing Pub.
discussed Cited as authority (rule) Gross v. Carlisle Construction Materials, LLC (2×)
N.D. Miss. · 2024 · confidence medium
Id.; Neely v. PSEG Tex., Ltd., 735 F.3d 242, 245 (5th Cir. 2013).
cited Cited as authority (rule) Sol v. City of Dallas Texas
N.D. Tex. · 2024 · confidence medium
P’ship, 735 F.3d 242, 245 (Sth Cir. 2013), for the proposition that a plaintiff must allege facts to allow the court to reasonably infer why the plaintiff was not hired).
discussed Cited as authority (rule) Bibbus v. SkyWest Airlines, Inc. (2×) also: Cited "see"
S.D. Tex. · 2024 · confidence medium
P’ship, 735 F.3d 242, 245 (5th Cir. 2013).
discussed Cited as authority (rule) Ray v. Columbia Brazoria Independent School District (2×)
S.D. Tex. · 2024 · confidence medium
P'ship, 735 F.3d 242, 247 (5th Cir. 2013); Feist v. Louisiana, 730 F.3d 450, 452 (5th Cir. 2013).
cited Cited as authority (rule) Parsons v. Clean Air, Inc.
N.D. Tex. · 2024 · confidence medium
P’ship, 735 F.3d 242, 245 (5th Cir. 2013) (cleaned up).3 In a discrimination claim, a plaintiff need not plead facts sufficient to establish a prima facie case to survive a motion to dismiss.
discussed Cited as authority (rule) Norris v. Saafe House
S.D. Tex. · 2023 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013) (quoting Feist v. La.
cited Cited as authority (rule) Williams v. Hollandale School District
N.D. Miss. · 2023 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013); Feist v. La.
cited Cited as authority (rule) Merola v. Texas Christian University
N.D. Tex. · 2023 · confidence medium
P'ship, 735 F.3d 242, 245 (5th Cir. 2013) (cleaned up).
cited Cited as authority (rule) Smith v. Bexar County
W.D. Tex. · 2023 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013).
cited Cited as authority (rule) Fryer v. Teche Action Board Inc
W.D. La. · 2023 · confidence medium
P'ship, 735 F.3d 242, 245 (5th Cir. 2013).
discussed Cited as authority (rule) Davis v. Bossier Casino Venture Inc (2×) also: Cited "see"
W.D. La. · 2023 · confidence medium
Wrongful Termination Claim An ADA plaintiff alleging wrongful termination with only circumstantial evidence must proceed under the burden-shifting framework. at 694 (citing 735 F.3d 242, 245 (5th Cir. 2013)); v. 411 U.S. 792, 802 (1973).
cited Cited as authority (rule) Dickerson v. Department of Veterans Affairs
S.D. Tex. · 2023 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013).
cited Cited as authority (rule) Yasin v. MV Transportation
S.D. Tex. · 2023 · confidence medium
Neely v. PSEG Tex., L.P., 735 F.3d 242, 245 (Sth Cir. 2013).
cited Cited as authority (rule) Wilson v. City of Southlake
5th Cir. · 2022 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013))); accord Ball v. LeBlanc, 792 F.3d 584 , 596 n.9 (5th Cir. 2015).
cited Cited as authority (rule) Narayanan v. Midwestern State University
N.D. Tex. · 2022 · confidence medium
Compl. ¶ 27–32, ECF No. 11. 735 F.3d 242, 247 (5th Cir. 2013)) (internal quotations omitted); Grant v. Harris County, ––– F. App’x –––– 2019 WL 5618164 , at *5 (5th Cir. Oct. 30, 2019).
cited Cited as authority (rule) Decou-Snowton v. Jefferson Parish
E.D. La. · 2022 · confidence medium
P'ship, 735 F.3d 242, 247 (5th Cir. 2013) (emphasis omitted).
examined Cited as authority (rule) Robinson v. Cajun Industries L L C (4×) also: Cited "see"
W.D. La. · 2022 · confidence medium
P'ship, 735 F.3d 242, 245 (5th Cir.2013).
cited Cited as authority (rule) Kaylee Lartigue v. Northside Independent School District
W.D. Tex. · 2022 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013).
cited Cited as authority (rule) Brown v. The Reny Company
E.D. Tex. · 2022 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013) (cleaned up).
cited Cited as authority (rule) Mechelle v. USA Industries
5th Cir. · 2022 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013).
discussed Cited as authority (rule) Fulbright v. Union Pacific Railroad Company
N.D. Tex. · 2022 · confidence medium
In crafting the 2008 ADA Amendments (“ADAAA”), “Congress intended that the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations and that the question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis.” Neely v. PSEG Tex., Ltd., 735 F.3d 242, 245 (5th Cir. 2013) (quotation omitted).
cited Cited as authority (rule) Hancock v. Securitas Security Services USA, Inc.
W.D. Tex. · 2022 · confidence medium
P’ship, 735 F.3d 242, 245 (5th Cir. 2013).
cited Cited as authority (rule) Estate of Hector Salas, Jr. v. Bicette
S.D. Tex. · 2021 · confidence medium
P’ship, 735 F.3d 242, 247 (Sth Cir. 2013)).
cited Cited as authority (rule) Jackson v. Hiller Companies, Inc.
E.D. La. · 2021 · confidence medium
P'ship, 735 F.3d 242, 245 (5th Cir.2013).
discussed Cited as authority (rule) Williams v. City of Childress
N.D. Tex. · 2021 · confidence medium
Partnership, 735 F.3d 242, 245 (Sth Cir. 2013) (noting that the ADA amendment makes it easier to prove a disability but does not absolve plaintiffs from proving one). 10 Plaintiff concedes that Defendant sent her the appropriate COBRA notices but argues she did not receive them or elect coverage.
cited Cited as authority (rule) Mechelle v. USA Industries, Inc.
S.D. Tex. · 2021 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013).
discussed Cited as authority (rule) Reyes v. ExxonMobil Corporation
S.D. Tex. · 2021 · confidence medium
P’ship, 735 F.3d 242, 245 (5th Cir. 2013) (discussing the requirements for a prima facie case of disability discrimination under the ADA as amended by the ADAAA).
discussed Cited as authority (rule) Olivarez v. T-Mobile USA (2×) also: Cited "see"
5th Cir. · 2021 · confidence medium
P’ship, 735 F.3d 242, 245 (5th Cir. 2013).
discussed Cited as authority (rule) Olivarez v. T-Mobile USA (2×) also: Cited "see"
5th Cir. · 2021 · confidence medium
P’ship, 735 F.3d 242, 245 (5th Cir. 2013).
cited Cited as authority (rule) Dandridge v. Principal Management Group of North Texas
N.D. Tex. · 2021 · confidence medium
P’ship, 735 F.3d 242, 245 (5th Cir. 2013) (citations omitted); Doc. 30, Def.’s Mot.
cited Cited as authority (rule) Gilb v. University of Houston at Victoria
W.D. Tex. · 2020 · confidence medium
P’ship, 735 F.3d 242, 245 (5th Cir. 2013).
cited Cited as authority (rule) Garcia v. City of Amarillo, Texas
N.D. Tex. · 2020 · confidence medium
P’ship, 735 F.3d 242, 245 (Sth Cir. 2013)).
examined Cited as authority (rule) Teague v. Williamson County (3×) also: Cited "see"
W.D. Tex. · 2020 · confidence medium
P’ship, 735 F.3d 242, 245 (5th Cir. 2013) (cleaned up).
cited Cited as authority (rule) Watkins v. Tregre
E.D. La. · 2020 · confidence medium
P’ship, 735 F.3d 242, 247 (5th Cir. 2013).
Retrieving the full opinion text from the archive…
Jeffrey NEELY, Also Known as Jeffrey A. Neely, Plaintiff-Appellant,
v.
PSEG TEXAS, LIMITED PARTNERSHIP; Public Service Enterprise Group, Incorporated, Defendants-Appellees
12-51074.
Court of Appeals for the Fifth Circuit.
Nov 6, 2013.
735 F.3d 242
Holly B. Williams, Esq., Williams Law Firm, P.C., Claudia S. Donaldson, Law Office of Claudia S. Donaldson, PLLC, Midland, TX, for Plaintiff-Appellant., Victor Navasca Corpuz, Esq., Taylor Eric White, Jackson Lewis, L.L.P., Dallas, TX, FOR Defendant-Appellees.
Smith, Prado, Elrod.
Cited by 88 opinions  |  Published
[*244] JERRY E. SMITH, Circuit Judge:

Jeffrey Neely appeals a judgment based on an adverse jury verdict. We find no error and affirm.

I.

Neely was a control-room operator for PSEG Texas, Limited Partnership, who, after a series of verbal altercations with his supervisors, was suspended and ultimately terminated,, then diagnosed with major depressive disorder and generalized anxiety disorder severe without psychosis. He sued that employer and Public Service Enterprise Group, Incorporated (jointly “PSEG”), alleging violations of the Americans with Disabilities Act (“ADA”), Title VII, and the Family and Medical Leave Act (“FMLA”). The district court dismissed the FMLA claim, and Neely voluntarily dropped his Title VII retaliation claim before trial. The case went to a jury on the remaining claims of discrimination, retaliation, and failure to provide reasonable accommodations under the ADA.

During trial, Neely objected to two jury interrogatories, both of which were predicate questions to the termination and failure-to-accommodate claims and asked whether Neely was “a qualified individual with a disability.” The jury answered “No” to both predicate questions and to the question regarding retaliation.

II.

We review for abuse of discretion the submission of special-verdict questions, “examin[ing] whether, when read as a whole and in conjunction with the general charge, the interrogatories adequately presented the contested issues to a jury.” LeBoeuf v. K-Mart Corp., 888 F.2d 330, 334 (5th Cir.1989) (citation and internal quotation marks omitted). If there is error, we apply a two-part analysis to determine whether to reverse. See C.P. Interests, Inc. v. Cal. Pools, Inc., 238 F.3d 690, 700-01 (5th Cir.2001). First, “a verdict based judgment will be reversed because of an erroneous instruction only when the charge as a whole leaves us with substantial and ineradicable doubt whether the jury has been properly guided in its deliberations.” Hiltgen v. Sumrall, 47 F.3d 695, 703 (5th Cir.1995) (quoting Mayo v. Borden, Inc., 784 F.2d 671, 672 (5th Cir.1986)). Second, “even where a jury instruction was erroneous, we will not reverse if we determine, based on the entire record, that the challenged instruction could not have affected the outcome.” Navigant Consulting, Inc. v. Wilkinson, 508 F.3d 277, 293 (5th Cir.2007) (citation and internal quotation marks omitted).

III.

Neely argues that the district court erred in submitting the first question— “Was a Plaintiff a qualified individual with a disability?” — as a predicate to a finding of discrimination regarding his termination claim under the ADA. His main contention is that the inclusion of the words “with a disability” is contrary to the ADA as amended by the ADA Amendments Act of 2008 (“ADAAA”). The intent of the AD AAA was to expand the coverage of the ADA — so the argument goes — by simplifying the analysis of “disability” and focusing the finder of fact on whether there was discrimination in the adverse-employment action. Therefore, to require a finding of “disability” as a predicate to the determination of whether Neely was terminated on the basis of this actual or perceived impairment is in direct conflict with the purpose of the congressional changes. To bolster this argument, Neely points to several alterations of the ADA text by the ADAAA as direct evidence of this intent. An examination of the alterations to the[*245] ADAAA, however, shows that the court did not abuse its discretion in submitting these jury instructions.

A.

In crafting the ADAAA, Congress intended “that the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations! ] and ... that the question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis.” [1] To that end, the ADAAA primarily focuses on broadening the definition of “disability” by singling out and superseding Sutton v. United Air Lines, Inc., 527 U.S. 471, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999), and Toyota Motor Manufacturing Kentucky, Inc. v. Williams, 534 U.S. 184, 122 S.Ct. 681, 151 L.Ed.2d 615 (2002). [2] Because those two decisions interpreted congressional intent to narrow the scope of the words “substantially limits” and “major” and the “regarded as” prong in the ADA’s definition of disability, [3] Congress added 42 U.S.C. § 12102(2)-(4) to correct that perceived misinterpretation.

Although the text of the ADAAA expresses Congress’s intention to broaden the definition and coverage of the term “disability,” [4] it in no way eliminated the term from the ADA or the need to prove a disability on a claim of disability discrimination. Even under the ADA as amended by the ADAAA, “[t]o prevail on a claim of disability discrimination under the ADA, [a party] must prove that (1) he has a disability; (2) he is qualified for the job; and (3) [the covered entity] made its adverse employment decision [] because of [the party’s] disability.” [5] In other words, though the ADAAA makes it easier to prove a disability, it does not absolve a party from proving one.

The ADAAA also — as Neely suggests— altered the text of the ADA in regard to the use of the phrase “with a disability.” First, harmonizing the ADA with Title VII, [6] the phrase “qualified individual with a disability because of the disability of such individual” was replaced with “qualified individual on the basis of disability” in[*246] describing the “general rule” under the ADA. [7] Second, the ADAAA deleted the phrase “with a disability” from the term “Qualified individual with a disability” and its definition, leaving it merely as the term “Qualified individual.” [8] It did not, however, eliminate every usage of the phrase “qualified individual with a disability” in the ADA: It still appears twice during the discussion of accommodation. [9]

Despite Neely's assertions to the contrary, these changes do not demonstrate an intent to underscore the unimportance of “disability” under the ADA or suggest that the use of the phrase “qualified individual with a disability” is erroneous. These alterations of the definition section come under the heading of “CONFORMING AMENDMENTS” in Section 5 of the ADAAA, and they immediately follow the alteration of the general rule to conform to Title VII as discussed above. Thus, the changes appear to be an attempt to harmonize the language and terminology of the statute, which used the term “qualified individual” as a stand-alone term without definition even before passage of the ADAAA. [10]

Because the stand-alone term was utilized without “with a disability” — and the addition of “with a disability” in the term did not affect the definition of “qualified individual” [11] — it made sense for Congress to alter the definition of terms accordingly. Ascribing any additional motivation to these alterations requires leaps in logic that are not justified by the changes or the acts themselves. Therefore, the ADAAA’s alterations should not be construed as a repudiation of the use of the phrase “qualified individual with a disability” or a signal that its use in jury interrogatories is error.

Considering the extent of the changes and the codified purpose of the ADAAA— and viewing the jury charge as a whole— the interrogatories appear adequately to have presented the contested issues. Although the jury interrogatories track those found in the Fifth Circuit pattern jury instructions, [12] which have not been revised to reflect the changes made by the ADAAA, the court properly altered the definitions of “disability” and “qualified individual” to mirror the new law — most importantly in regard to the “regarded as” prong of disability at issue. Thus, because the jury-instruction definitions of “disability” and “qualified individual” properly conform to the ADAAA (and because the term “disability,” even in its broader sense, remains to be proven in claims under the ADA), there is no abuse of discretion — or[*247] even error — in the use of the terms in the first special verdict question.

B.

Neely maintains that the district court erred in submitting the third jury question — “Was a Plaintiff a qualified individual with a disability?” — as a predicate to finding a failure to accommodate under the ADA. Similar to his reasoning regarding the first jury question, this argument claims that this predicate question is a misstatement of law that confused the jurors and terminated their deliberation before reaching the central question of accommodation. That argument is unpersuasive, however, because unlike the situation in EEOC v. Manville Sales Corp., 27 F.3d 1089 (5th Cir.1994) — which Neely cites as support — the question objected to does not misstate the law.

After the passage of the ADAAA, a plaintiff in this circuit “must prove the following statutory elements to prevail in a failure-to-accommodate claim: (1) the plaintiff is a ‘qualified individual with a disability;’ (2) the disability and its consequential limitations were ‘known’ by the covered employer; and (3) the employer failed to make ‘reasonable accommodations’ for such known limitations.” Feist v. La. Dep’t of Justice, Office of the Att’y Gen., No. 12-31065, 740 F.3d 450, 452, 2013 WL 5178846, at *1 (5th Cir. Sept. 16, 2013) (emphasis added). Unlike the wording in termination claims under the ADA, the post-ADAAA language of the ADA regarding accommodation claims continues to use the phrase “qualified individual with a disability.” [13] Additionally, considering the jury charge as a whole, the definition of disability for this context — i.e., “actual” disability — is properly defined in the jury instructions to include the abrogating language of the new AD AAA, broadening its definition.

Because the district court did not abuse its discretion in either jury interrogatory, there is no need to consider the two-part analysis to determine whether the error requires reversal. No valid argument has been presented that the interrogatories did not adequately present the contested issues to the jury, so the judgment is AFFIRMED.

1

. Pub.L. No. 110-325, § 2(b)(5), 122 Stat. 3553 (Sept. 25, 2008) (codified at 42 U.S.C. § 1201 (Note)).

2

. See Pub.L. No. 110-325, § 2(a)(4)-(6), (2)(b)(2)-(5) (listing congressional findings and purposes regarding the rejection of the rulings in these cases).

3

. See Toyota Motor, 534 U.S. at 193-99, 122 S.Ct. 681; Sutton, 527 U.S. at 481-94, 119 S.Ct. 2139; see also 42 U.S.C. .§ 12102(1) (2012) ("The term "disability” means, with respect to an individual-(A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment (as described in paragraph (3)).”).

4

. See, e.g., 42 U.S.C. § 12102(4)(A) (2012) ("The definition of disability in this chapter shall be construed in favor of broad coverage of individuals under this chapter, to the maximum extent permitted by the terms of this chapter.”).

5

. Gober v. Frankel Family Trust, No. 13-50035, 537 Fed.Appx. 518, 520, 2013 WL 3929971, at *2 (5th Cir. July 31, 2013) (per curiam) (unpublished) (emphasis added, citation and internal quotation marks omitted); see also Atkins v. Salazar, 677 F.3d 667, 675 (5th Cir.2011).

6

. Compare 42 U.S.C. § 2000e-2(b) (2012) ("It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment ... on the basis of his race, color, religion, sex or national origin.” (emphasis added)), with 42 U.S.C. § 12112(a) (2012) (“No covered entity shall discriminate against a qualified individual on the basis of disability....” (emphasis added)).

7

. Pub.L. No. 110-325, § 5(a)(1) (codified at 42 U.S.C. § 12112(a)).

8

. Id. § 5(c)(1) (codified at 42 U.S.C. § 12111(8)).

9

. See 42 U.S.C. § 12112(b)(5)(A)-(B) (2012).

10

. See 42 U.S.C. § 12112(b)(4) (2012) ("[E]x-cluding or otherwise denying equal jobs or benefits to a qualified individual because of a known disability of an individual with whom the qualified individual is known to have a relationship or association.”).

11

. This is evident in the fact that the only alteration to the definition of the term required after deleting "with a disability” was the deletion of that same three-word phrase itself. "Disability” was already defined as a separate term under the Act, and its inclusion did not alter the meaning of "qualified individual.”

12

.Normally modeling of jury instructions on this circuit’s pattern instructions would likely be treated as nonbinding, persuasive authority. See, e.g., United States v. Montford, 27 F.3d 137, 140 (5th Cir.1994) ("[Ojne of our own pattern jury instructions certainly should be treated as persuasive authority....”). In this instance, however, because Neely’s claim concerns changes in the law that have yet to be incorporated, this authority is less persuasive.

13

. See 42 U.S.C. § 12112(b)(5)(A)-(B) (2012) (mentioning the phrase "qualified individual with a disability” twice in relation to failure-to-accommodate claims).