The EEOC received what a SeyfathShaw blog called “a rare partial summary judgment win” in an ADA case, in EEOC v. Midwest Regional Medical Center, LLC, No. CIV-13-789-M (W.D. Okla. Aug. 7, 2014).  The Court entered summary judgment in favor of the EEOC as to whether Withers was a person with a disability within the meaning of the ADA.  The blog adds that “[a]lthough the EEOC was successful in EEOC v. Midwest Regional Medical Center in obtaining partial summary judgment only as to whether its claimant was ‘disabled’ within the meaning of the ADA, its attempt to win its claims and knock out [the employer’s] affirmative defenses [like failure to conciliate] on summary judgment may foreshadow more widespread use of this litigation tactic by the EEOC. Employers litigating against the EEOC should plan their litigation strategy with this in mind and take care to position themselves to anticipate and defeat such motions.”