Deutsch Atkins Wins Appeal Before Third Circuit

In Sarnowski v. Air Brook Limousine, Inc., No. 06-2144, 2007 U.S. App. LEXIS 28668 (3d Cir. Dec. 12, 2007), the Third Circuit Court of Appeals reversed the lower court and held that, in terminating an employee after learning that he would need medical monitoring and might need another six weeks off for heart surgery, the employer interfered with his rights under the Family and Medical Leave Act. The appellate court also reinstated the employee’s claim under the New Jersey Law Against Discrimination, and agreed that plaintiff had provided sufficient information regarding his medical condition from which a jury could determine that he suffered from a disability.