EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. HEARTWAY CORPORATION

No. 05-7011, No. 05-7016.

466 F.3d 1156 (2006)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant-Cross-Appellee v. HEARTWAY CORPORATION d/b/a York Manor Nursing Center, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

October 26, 2006.


Attorney(s) appearing for the Case

Joseph A. Seiner (James L. Lee, Deputy General Counsel, Lorraine C. Davis, Acting Associate General Counsel, and Carolyn L. Wheeler, Assistant General Counsel, with him on the briefs), Equal Employment Opportunity Commission, Office of General Counsel, Washington, D.C., for Plaintiff-Appellant-Cross-Appellee.

Jeffrey C. Tasker, Kane, Russell, Coleman & Logan, P.C., Dallas, Texas, for DefendantA-ppellee-Cross-Appellant.

Before TACHA, Chief Circuit Judge, EBEL, Circuit Judge, and CASSELL, District Judge.


EBEL, Circuit Judge.

Janet Edwards, who has hepatitis C, was fired from her job at a nursing home. The Equal Employment Opportunity Commission ("EEOC") thereafter sued the nursing home, claiming that Edwards's termination violated the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101-213. After the district court partially granted (with respect to the EEOC's punitive damages claim) and partially denied the nursing home's motion for judgment as...

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