Alleged Disability Discrimination in Employment

June 18, 2015

Issue

Employer client terminated an employee’s employment for poor performance. The ex-employee then sued the employer alleging that his termination was wrongfully based on his disability and the employer’s perception that he was an individual with a disability.

Our Approach

Our client did not want to settle this case because they believed that the termination was just.  Though a review of the former employee’s medical records could have identified an actual disability, we were able to establish that the disability in question was not a factor in the termination.  Extensive client testimony also demonstrated that the employer’s concerns about the employee’s work performance did not amount to a perceived disability.

Results

The jury returned a verdict for the employer client on all claims for relief.

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