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12102,1 121122 (2005). The trial court carried Southwest’s motion pending submission of the case to the jury. On October 2, 2008, the jury returned a verdict finding for Carmona on his ADA claim and awarding him $80,000 in lost back wages, but finding against him on his Title VII claim. Following the verdict, Southwest renewed its motion for judgment as a matter of law, and Carmona moved for reinstatement. The district court granted Southwest’s motion on October 20, accepting the jury’s verdict as to Title VII, vacating the verdict as to the ADA claim, and denying Carmona’s motion for reinstatement. The district court vacated the verdict on Carmona’s ADA claim because it found that he had presented insufficient evidence that he was an “individual with a disability” or that he had been discriminated against “because of” his disability. The district court rejected Southwest’s argument that Carmona had failed to produce substantial evidence that he was “qualified” for his job within the meaning of the ADA. Final judgment

1 Section 12102 states in relevant part: “As used in this chapter: ... (2) Disability The term ‘disability’ means, with respect to an individual— (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.” 42 U.S.C.A. § 12102 (2005) (emphasis in original).

2 Section 12112 states in relevant part: “(a) General Rule

No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C.A. § 12112 (2005) (emphasis in original).


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