United States Eighth Circuit

FENNEY v. DAKOTA, MINNESOTA & E. R.R. CO., 02-1479

A former railroad engineer produced sufficient evidence of 1) impairment which substantially limited the major life activity of caring for himself under the ADA and Minnesota law, and 2)constructive discharge on the issue of whether he suffered an adverse employment action.

Appellate Information

• Decided 04/28/2003
• Published 04/28/2003

Judges

• SMITH, Circuit Judge., Before McMILLIAN, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Judith Kahn Schermer, argued, Minneapolis, MN, for appellant Ronald Fenney., Louis Lopez, argued, Washington, DC, (Caren I. Friedman, on the brief), for amicus E.E.O.C.


• For Appellees:
  
• Brian J. Donahoe, argued, Sioux Falls, SD (Mark E. Salter, on the brief), for appellee Dakota, Minnesota & Eastern R. Co.