Mondzelewski v. Pathmark Stores

162 F.3d 778 (3d Cir. 1998). ; Clearinghouse Number: 52251

Description

Employee Who Has Continued to Work with Accommodation May Be Disabled Within the Meaning of the Americans with Disabilities Act

Abstract

Reversing, the Third Circuit held that plaintiff-appellant did not need to prove that he was unable to work in order to make a claim under the Americans with Disabilities Act (ADA). Plaintiff, a 55-year-old man with a sixth-grade education, had worked for defendant employer as a bagger and meat cutter for 35 years. After he injured his back on the job, plaintiff took several months’ disability leave. When plaintiff returned to work, his doctor ordered him to lift no more than 50 pounds or carry more than 25 pounds. Plaintiff claimed that employer retaliated against him for asserting his rights under ADA to obtain reasonable accommodation for a disability. Finding that plaintiff was not disabled under ADA because his back injury did not substantially limit him from lifting or working, the district court dismissed plaintiff's federal claims. Plaintiff appealed. Reversing, the court of appeals held that the district court erred by failing to assess the extent to which plaintiff’s back condition, coupled with his training, skills, and abilities, substantially limited his ability to work. The court rejected employer’s argument that plaintiff could not be disabled within ADA’s meaning because he was still working. The court held that the mere fact that plaintiff had been able to continue to perform his job with accommodation did not necessarily mean that he was not disabled. The court also reversed the district court’s dismissal of plaintiff's retaliation claim; it found no basis for holding that an individual who was adjudged not to have a disability was not allowed to assert such a claim.

Additional Information

Attorney Information
Amicus curiae represented by C. Gregory Stewart, Philip B. Sklover, Lorraine C. Davis, Robert J. Gregory, Equal Employment Opportunity Comm’n, 1801 L St. NW, Washington, DC 20507; 202.663.4059
Docket Date
1970-01-01 06:00:00+00:00