Eshleman v. Patrick Industries

The 3rd Circuit reversed the District Court’s order, which granted the defendant’s 12(b)(6) motion. The plaintiff alleged he was fired in violation of the Americans with Disabilities Act and further alleged that he was “regarded as” having a disability. The defendant responded that the disability was transitory and minor. The 3rd Circuit held that, though the defendant adequately established that the disability was transitory, the defendant 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, further fact-finding was necessary regarding the “minor” portion of the defense.

Eshleman-v.-Patrick