United States Third Circuit

Based on the ADA's second anti-retaliation provision, 42 U.S.C. section 12203(b), a person who has not himself engaged in protected conduct may bring a third-party retaliation claim.

Appellate Information

• Argued 07/10/2001
• Decided 03/18/2002
• Published 03/18/2002

Judges

• Before BECKER, Chief Judge, NYGAARD and REAVLEY, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James C. Oschal, (Argued) Elizabeth C. Leo, Rosenn, Jenkins & Greenwald, LLP, Wilkes-Barre, PA, Counsel for Appellant Gregory Fogleman., Gwendolyn Young Reams, Associate General Counsel, Philip B. Sklover, Associate General Counsel, Lorraine C. Davis, Assistant General Counsel, Robert J. Gregory, (Argued) Senior Attorney, Equal Employment Opportunity Commission, Washington, D.C., Counsel for Amicus Curiae Equal Employment Opportunity Commission.


• For Appellees:
  
• James A. O'Brien, (Argued) Oliver, Price & Rhodes, Clarks Summit, PA, Counsel for Appellee Mercy Hospital, Inc.