FELIX v. NEW YORK CITY TRANSIT AUTHORITY

No. 01-7967.

324 F.3d 102 (2003)

Denise FELIX, Plaintiff, Naomi Felix and Irene Cooper as administrators of the estate of Denise Felix, Plaintiffs-Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 31, 2003.


Attorney(s) appearing for the Case

Laura Sager, Washington Square Legal Services, Inc., (Valerie Hsieh, Raminta Rudys, law students, argued and on the brief, Margo Ferrandino, law student, on the brief,), New York, NY, for Plaintiff-Appellant.

Richard Schoolman, Office of the General Counsel, New York City Transit Authority, Brooklyn, NY, for Defendant-Appellee.

Barbara L. Sloan, Equal Employment Opportunity Commission, (Nicholas M. Inzeo, Acting Deputy General Counsel, Philip B. Sklover, Assistant General Counsel, Vincent J. Blackwood, Assistant General Counsel, on the brief), Washington, DC, for Amicus Curiae.

Before: WALKER, Chief Judge, JACOBS and LEVAL, Circuit Judges.


Judge JACOBS joins in the majority opinion and files a separate concurring opinion.

Judge LEVAL dissents in a separate opinion.

JOHN M. WALKER, Jr., Chief Judge.

Denise Felix sued her former employer, the New York City Transit Authority, under the Americans with Disabilities Act, alleging that she was entitled to a position that did not involve working in the subway, which she could not do because of Post-Traumatic Stress Disorder that was interfering...

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