Third Circuit Dismisses Agere’s Appeal to Overturn Jury Award

Holding:

In a suit brought under the Americans with Disabilities Act (“ADA”), the U.S. Court of Appeals for the Third Circuit upheld a jury award of $200,000 against Agere Systems, Inc. in an employment discrimination case filed by Joan Eshelman. In her suit, Eshelman claimed that she was terminated because Agere perceived her to be disabled due to a chemotherapy-related memory impairment. The U.S. District Court for the Eastern District of Pennsylvania denied Agere’s motion to overturn the jury verdict. On appeal, the Third Circuit rejected Agere’s argument that Eshelman failed to establish that she had a record of a disability or that Agere discriminated against her based on a record of a disability. The Third Circuit affirmed the district court’s ruling, stating that a reasonable juror could have concluded, from the evidence adduced at trial, that Eshelman's supervisors relied upon the record of Eshelman's cancer and subsequent treatment as a factor in her termination. On the basis of the foregoing, the Third Circuit affirmed the district court’s decision in all respect.

Detailed Summary:

Plaintiff-appellee Eshelman instituted a lawsuit against her former employer, defendant-appellant Agere claiming, inter alia, that Agere discriminated against her in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213. At trial, Eshelman argued alternatively that Agere unlawfully discharged her because of her record of cancer-related disability, or because it regarded her as disabled. The jury found in Eshelman’s favor, and awarded her back pay and compensatory damages totaling $200,000.00.

In this appeal, Agere argued that there was insufficient evidence to sustain the jury verdict with respect to either theory of liability. Further, Agere argued that the U.S. District…

More Updates