United States Third Circuit

In an employment discrimination action, district court's award of back pay and compensatory damages to plaintiff is affirmed where: 1) the court properly declined to set aside the jury verdict for lack of evidence that defendant regarded plaintiff as disabled; 2) the evidence supported a verdict that plaintiff established a record of her disability under the ADA and that defendant relied upon those limitations in its decision to terminate her; 3) the district court did not abuse its discretion in instructing the jury on the meaning of reasonable accommodation even as it is critical to understanding the scope of the ADA-s prohibition; and 4) the awarding of additional monetary award to offset the negative tax consequences of receiving a lump sum back pay award was not an abuse of discretion.

Appellate Information

• Argued 12/13/2006
• Decided 01/30/2009
• Published 01/30/2009

Judges

• Before:  FISHER, CHAGARES, and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David S. Fryman (argued), William K. Kennedy, Ballard, Spahr, Andrews & Ingersoll, LLP, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Ronald H. Surkin (argued), Gallagher, Schoenfeld, Surkin, Chupein & DeMis, Media, PA, for Appellee.