The United States Court of Appeals for the Fourth Circuit issued a per curiam decision unanimously affirming a lower court's grant of summary judgment in favor of the employer.
According to the article, the opinion found that Giant did not know the employee had a disability that required accommodation. Furthermore, it found that the evidence in the record did not support the conclusion that the employee was disabled under the ADA.
Lesley Pate Marlin argued the case on behalf of Giant and wrote Giant's brief with assistance from Robert G. Ames. Both attorneys were mentioned in the Daily Labor Report story.