Indergard v. Georgia-Pacific Corp., No. 08-35278

In an action claiming that defendant-employer violated the Americans with Disabilities Act (ADA) by terminating plaintiff based on her failure to pass a physical capacity evaluation, summary judgment for defendant is reversed where the district court erred in holding that the evaluation was not a medical examination within the meaning of 42 U.S.C. section 12112(d)(4)(A).

Read Indergard v. Georgia-Pacific Corp., No. 08-35278

Appellate Information

Argued and Submitted June 4, 2009

Filed September 28, 2009

Judges

Opinion by Judge Goodwin

Dissent by Judge O'Scannlain

Counsel

For Appellant:

Kerry M.L. Smith, Smith & Fjelstad, Gresham, OR

For Appellee:

Scott G. Seidman, Tonkon Torp LLP, Portland, OR