MATCZAK v. FRANKFORD CANDY AND CHOCOLATE CO.

No. 97-1057.

136 F.3d 933 (1997)

Joseph R. MATCZAK, v. FRANKFORD CANDY AND CHOCOLATE COMPANY, Joseph Matczak, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 18, 1997.

Ordered Published December 23, 1997.


Attorney(s) appearing for the Case

Edward J. Daly (argued), Philadelphia, PA, for Appellant.

Marvin L. Weinberg (argued), Fox, Rothschild, O'Brien & Frankel, Philadelphia, PA, for Appellee.

Jennifer S. Goldstein (argued), Equal Employment Opportunity Commission, Washington, DC, for Amicus-Appellant.

Before: COWEN, ROTH, and LEWIS, Circuit Judges.


OPINION OF THE COURT

LEWIS, Circuit Judge.

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 of employment discrimination and therefore should survive a motion for summary...

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