A former employee has went to EEOC for wrongful termination due to her having a disability. The employee provided a doctors note that stated she had ADHD, but it did not describe the diagnosis as severely impacting a major life activity (work) and she did

Americans with Disabilities Act (ADA) cases are very fact intensive, so it is not possible to evaluate whether the employee has a case based only on a doctor's note that she has ADHD. First, it is not clear whether her ADHD would amount to a disabling condition. Second, we cannot tell what accommodation, if any, would be required and reasonable for her. Third, we need to review the performance problems and the counseling that she received to comment on whether they were legitimate grounds for termination.

If you would like to evaluate these issues or obtain assistance in answering the EEOC charge, call 216.382.2500 and request a consultation. Our consultation fee is $300, which should be sufficient to answer your questions.

posted by Neil Klingshirn  |  Aug 30, 2019 07:58 AM [EST]