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).
Argued and Submitted June 4, 2009
Filed September 28, 2009
Opinion by Judge Goodwin
Dissent by Judge O'Scannlain
Kerry M.L. Smith, Smith & Fjelstad, Gresham, OR