Eshleman v. Patrick Industries, Inc.

The 3rd Circuit reversed the district court’s order granting defendant’s 12(b)(6) motion. Plaintiff alleged he was fired in violation of the Americans with Disabilities Act and further alleged that he was “regarded as” having a disability. Defendant responded that the disability was transitory and minor. The 3rd Circuit held that, though defendant adequately established that the disability was transitory, it did not adequately prove that the disability was minor. In order to adequately establish the “transitory and minor” defense, the defendant was obliged to prove both parts. Thus, the district court needed further fact finding regarding the “minor” portion of the defense.

Eshleman-v.-Patrick