United States Tenth Circuit

In an ADA case tried to a jury, the court decides whether the plaintiff has identified "impairments" and "major life activities" recognized under the ADA, but the jury decides whether he has demonstrated that the identified impairment "substantially limits" one or more of the identified major life activities such that he should be considered "disabled" for purposes of the ADA; additionally, a position is deemed "vacant," for purposes of considering whether an employer has a duty to transfer a disabled employee to that position.

Appellate Information

• Decided 02/26/2002
• Published 02/26/2002

Judges

• LUCERO, Circuit Judge., Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Josh A. Marks and Andrew D. Ringel, Hall & Evans, L.L.C., Denver, CO, filed a brief on behalf of the Amicus Curiae.


• For Appellees:
  
• Robert M. Liechty, Denver, CO, for Defendants-Appellants., Evan S. Lipstein of Law Offices of Evan S. Lipstein, Lakewood, CO, (John W. Berry, Denver, CO, with him on the brief), for Plaintiff-Appellee.