A breast cancer survivor, Joan Eshelman, found, upon her return to work from medical leave, that chemotherapy had left lingering cognitive dysfunction -- a condition sometimes referred to as "chemo brain." Eventually and even though she continued to be an outstanding employee, her employer, Agere Systems, Inc. (formerly Lucent Technologies, Inc.) slated her for lay-off because of her cognitive problems. She filed suit under the American With Disabilities Act (ADA) and a jury found in her favor, awarding her $170,000 in back pay and $30,000 in compensatory damages. The trial court judge awarded her the additional sum of $6,983 to cover additional tax liabilities that she would incur. The jury's verdict and the trial court's award was affirmed by the United States Court of Appeals for the Third Circuit in Eshelman v. Agere Systems, Inc, No 05-4895 (January 30, 2009).
Robert L. Abell