## Facts

- William Eshleman worked as a truck driver for Patrick Industries, Inc. beginning in 2013.
- In late 2015, Eshleman took medical leave for lung surgery to remove a nodule that required testing for cancer; he returned to work without restrictions after about two months.
- About six weeks later, Eshleman had a severe respiratory infection lasting several days; his supervisor approved two vacation days, and he returned to work without restrictions.
- On Eshleman’s second day back, the company terminated him, initially citing “performance issues,” then asserting he failed to call out sick, and later claiming “behavioral issues.”
- Eshleman alleged the shifting explanations were pretext and that he was fired because the employer regarded him as disabled due to his pulmonary conditions.

## Issues

1. Whether a court may dismiss an ADA “regarded as” claim at the Rule 12(b)(6) stage by treating an impairment’s duration (six months or less) as sufficient to deem it “transitory and minor” without independently analyzing whether it is “minor.”
2. Whether the “transitory and minor” limitation in 42 U.S.C. § 12102(3)(B) operates as a defense that must be apparent on the face of the complaint to support dismissal.

## Decision

- The Third Circuit reversed the dismissal and remanded for further proceedings.
- The district court erred by collapsing the statutory “transitory and minor” requirement into a duration-only inquiry.
- At the pleading stage, allegations of lung surgery for a potentially cancerous nodule and a severe respiratory infection plausibly could involve impairments that are not “minor,” even if short in duration.

## Legal Principles

- Under 42 U.S.C. § 12102(3)(B), the exception to “regarded as” coverage applies only when an impairment is both “transitory” (six months or less) and “minor”; the terms require separate analysis.
- “Minor” is not presumed from short duration; courts must consider the impairment’s nature and severity.
- The “transitory and minor” clause functions as an affirmative defense to a “regarded as” claim; dismissal under Rule 12(b)(6) is proper only when the defense is established on the face of the complaint.
- Post-ADAAA, a plaintiff may satisfy the “regarded as” prong by alleging adverse action because of an actual or perceived impairment, without pleading a limitation of a major life activity, subject to the “transitory and minor” defense.

## Conclusion

The Third Circuit held that an ADA “regarded as” claim cannot be dismissed solely because the alleged impairment lasted fewer than six months; courts must independently assess whether the impairment is “minor,” and the “transitory and minor” limitation generally cannot be resolved on the pleadings unless clearly established by the complaint.


Eshleman v. Patrick Indus., Inc., 961 F.3d 242 (3d Cir. 2020)