United States Ninth Circuit

In an action claiming that defendant-employer violated the Americans with Disabilities Act (ADA) by terminating plaintiff based on her failure to pass a physical capacity evaluation, summary judgment for defendant is reversed where the district court erred in holding that the evaluation was not a medical examination within the meaning of 42 U.S.C. section 12112(d)(4)(A).

Appellate Information

• Argued 06/04/2009
• Decided 09/28/2009
• Published 09/28/2009

Judges

• Before ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kerry M.L. Smith, Smith & Fjelstad, Gresham, OR, for the plaintiff-appellant.


• For Appellees:
  
• Scott G. Seidman, Tonkon Torp, Portland, OR, for the defendant-appellee.