Ricky Belk v. Southwestern Bell Telephone Company

LAY, Circuit Judge.

Southwestern Bell Telephone Company (SWB) challenges the grant of injunctive relief and the award of attorney’s fees and costs under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. (1995) (ADA), to its employee, Ricky Belk (Belk). SWB appeals on five separate grounds, including the lower court’s refusal to instruct the jury on business necessity under 42 U.S.C. § 12112(b)(6). Because we find that the case is to be remanded for a new trial on the jury instruction issue, we need not address SWB’s other arguments. 1

I. BACKGROUND

Belk suffers from the residual…