United States Third Circuit

In an Americans with Disabilities Act (ADA) action claiming constructive discharge based on plaintiff's partial blindness, summary judgment for defendant is affirmed in part where no reasonable juror could find that the actions to which plaintiff referred made her workplace so unbearable that a reasonable person would have felt compelled to resign. However, the judgment is reversed in part where the ADA contemplated that employers may need to make reasonable shift changes in order to accommodate a disabled employee's disability-related difficulties in getting to work.

Appellate Information

• Argued 12/15/2009
• Decided 04/08/2010
• Published 04/08/2010

Judges

• Before: SLOVITER, JORDAN, and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Cynthia L. Pollick, (Argued), The Employment Law Firm, Pittston, PA, Attorney for Appellant., Paula R. Bruner, (Argued), Equal Employment Opportunity Commission, Washington, DC, Attorney for Amicus Appellant.


• For Appellees:
  
• Brian P. Downey, Pepper Hamilton LLP, Harrisburg, PA, Amy G. McAndrew, (Argued), Pepper Hamilton LLP, Berwyn, PA, Attorney for Appellees.