WASHINGTON v. HCA HEALTH SERVICES OF TEXAS, INC.

No. 97-20310.

152 F.3d 464 (1998)

Kelvin WASHINGTON, Plaintiff-Appellee, v. HCA HEALTH SERVICES OF TEXAS, INC., doing business as HCA Spring Branch Medical Center, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 3, 1998.


Attorney(s) appearing for the Case

Joseph Y. Ahmad, Ahmad & Zavitsnaos, Houston, TX, for Plaintiff-Appellee.

Nancy Lynne Patterson, Littler Mendelson, Mark E. Edwards, Houston, TX, for Defendant-Appellant.

Barbara L. Sloan, Washington, DC, for Equal Employment Opportunity Commission, Amicus Curiae.

Before POLITZ, Chief Judge, and GARWOOD and BARKSDALE, Circuit Judges.


GARWOOD, Circuit Judge:

In this interlocutory appeal, we are asked to decide whether a court should consider the plaintiff's medicated or unmedicated condition to determine whether the plaintiff has a "disability" under the Americans with Disabilities Act (ADA).

Facts and Proceedings Below

Plaintiff-appellee Kelvin Washington (Washington) brought a claim under the ADA against his former employer, defendant-appellant HCA Health Services...

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