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[W] Matczak v. Frankford Candy and Chocolate Co.

November 18, 1997

JOSEPH R. MATCZAK,

v.

FRANKFORD CANDY AND CHOCOLATE COMPANY, APPELLANT.



APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA (D.C. Civil No. 96-cv-03083)

Before the district court, Matczak claimed protection under the ADA because his epilepsy is a physical impairment substantially limiting major life activities. Alternatively, Matczak claimed that, even if his impairment is not substantially limiting, Frankford regarded him as being substantially limited by it. Matczak made no claim that he had satisfied Frankford's expectations with regard to his performance or that Frankford had treated employees outside the ADA's protected class more favorably.

LEWIS, Circuit Judge.

OPINION WITHDRAWN

JOSEPH R. MATCZAK,

v.

FRANKFORD CANDY AND CHOCOLATE COMPANY, APPELLANT.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA (D.C. Civil No. 96-cv-03083)

Before the district court, Matczak claimed protection under the ADA because his epilepsy is a physical impairment substantially limiting major life activities. Alternatively, Matczak claimed that, even if his impairment is not substantially limiting, Frankford regarded him as being substantially limited by it. Matczak made no claim that he had satisfied Frankford's expectations with regard to his performance or that Frankford had treated employees outside the ADA's protected class more favorably.

Edward J. Daly (ARGUED) Suite 500 437 Chestnut Street The Lafayette Building Philadelphia, PA 19106 Attorney for Appellant

Marvin L. Weinberg (ARGUED) Fox, Rothschild, O'Brien & Frankel 2000 Market Street 10th Floor Philadelphia, PA 19103 Attorney for Appellee Jennifer S. Goldstein (ARGUED) Equal Employment Opportunity Commission 1801 L Street, N.W. Washington, D.C. 20507 Attorney for Amicus-appellant

LEWIS, Circuit Judge.

Filed November 18, 1997

ARGUED SEPTEMBER 23, 1997

OPINION OF THE COURT

In this case, we must determine whether an epileptic, who controls his disability with medication, can maintain an employment discrimination action without showing he satisfied his employer's expectations or showing favorable treatment of non-disabled employees by the employer. We hold that such an individual can present a prima facie case ...


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