United States DC Circuit

A finding that the worker was "disabled" under the ADA, 42 USC 12102(2)(A), is inappropriate where the worker fails to present significant evidence of the number and types of positions available in worker's local job market, thus showing that an impairment substantially limits the ability to work.

Appellate Information

• Decided 03/02/2001
• Published 03/02/2001

Judges

• Before:  EDWARDS, Chief Judge;  SILBERMAN,WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Bruce P. Heppen argued the cause for the appellant.  Cheryl C. Burke, Robert J. Kniaz and Mark F. Sullivan were on brief., Sally Dunaway and Melvin Radowitz were on brief for amici curiae American Association of Retired Persons and National Employment Lawyers Association.  Paula A. Brantner entered an appearance., Ann Elizabeth Reesman was on brief for amicus curiae Equal Employment Advisory Council., Bill Lann Lee, then Assistant Attorney General, Jessica D. Silver and Thomas E. Chandler, Attorneys, United States Department of Justice, Philip B. Sklover, Associate General Counsel, and Barbara L. Sloan, Attorney, Equal Employment Opportunity Commission, were on brief for amici curiae United States of America and The Equal Employment Opportunity Commission.


• For Appellees:
  
• Bruce M. Bender argued the cause for the appellee. Suzanne L. Lawrence entered an appearance.