ECKLES v. CONSOLIDATED RAIL CORP.

No. 95-2856.

94 F.3d 1041 (1996)

Terry J. ECKLES, Plaintiff-Appellant, v. CONSOLIDATED RAIL CORPORATION, United Transportation Union International, and United Transportation Union Local 1963, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 14, 1996.


Attorney(s) appearing for the Case

T. Russell Strunk (argued), Warsco, Brogan & Strunk, Fort Wayne, IN, Lisa L. Schneider, Kuss & Schneider, Indianapolis, IN, for Terry J. Eckles.

Nicholas C. Nizamoff (argued), Cynthia L. Wodock, White & Raub, Indianapolis, IN, for Consolidated Rail Corporation.

Frederick W. Dennerline, III, Fillenwarth, Dennerline, Groth & Towe, Indianapolis, IN, Kevin C. Brodar (argued), United Transportation Union, Cleveland, OH, for United Transportation Union International, United Transportation Union Local 1963.

Vicki Laden, Claudia Center, Jennifer Middleton, Employment Law Center, San Francisco, CA, Arlene Mayerson, Berkeley, CA, for Amici Curiae, Employment Law Center, Disability Rights Education and Defense Fund, Inc., Epilepsy Foundation of America, The ARC, Judge David L. Bazelon Center for Mental Health Law, National Association of the Deaf, National Association of Protection and Advocacy Systems, National Multiple, National Parent Network on Disabilities, World Institute on Disability.

Sally Dunaway, Michael R. Schuster, American Association of Retired Persons, Washington, DC, for Amicus Curiae, American Association of Retired Persons.

Ronald S. Honberg, National Alliance for the Mentally Ill, Arlington, VA, for Amicus Curiae, National Alliance for the Mentally Ill.

Catherine A. Hanssens, Lambda Legal Defense and Education Fund, New York City, for Amicus Curiae, Lambda Legal Defense & Education Fund, Inc.

Gwendolyn Young Reams, Carolyn L. Wheeler, Dori K. Bernstein (argued), C. Gregory Stewart, Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae, Equal Employment Opportunity Commission.

Joseph L. Manson, III, Verner, Liipfert, Bernhard, McPherson & Hand, Washington, DC, for Amicus Curiae, National Railway Labor Conference.

Douglas S. McDowell, Ann Elizabeth Reesman, Mary Chlopecki, McGuiness & Williams, Washington, DC, for Amicus Curiae, Equal Employment Advisory Council.

Thomas A. Woodley, Mulholland & Hickey, Washington, DC, for Amicus Curiae, International Association of Fire Fighters, AFL-CIO, CLC.

Before BAUER, CUDAHY, and FLAUM, Circuit Judges.


FLAUM, Circuit Judge.

Terry Eckles filed suit against his employer, Consolidated Rail Corporation ("Conrail"), and the local and national offices of his union, United Transportation Union ("the Union"), alleging violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq. Eckles demanded certain "reasonable accommodations" under the ADA for his epilepsy, which the parties agree would have required infringement of the seniority...

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