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EEOC Resource Center

Disability discrimination: termination after diagnosis

Disability discrimination · the Americans with Disabilities Act · fictionalized composite for education only.

Every example below is a fictionalized composite created for educational purposes. The employees, employers, and facts are invented and do not represent any real person, company, or case. These examples are general public information, not legal advice.

Fictional employee
D.L., line cook
Fictional employer
Fairmont Row Foods LLC
Location
a city on the West Coast
Illustrated statute
the Americans with Disabilities Act

Illustrative charge narrative

I was employed by Fairmont Row Foods LLC as a line cook in a city on the West Coast. I have a disability within the meaning of the law. After my employer learned of my condition, I was subjected to heightened scrutiny and then terminated, while my performance had met expectations. I believe I was discriminated against because of my disability, in violation of the Americans with Disabilities Act.

Teaching point

Solid because it establishes coverage (a qualifying disability), employer knowledge, and an adverse action that followed, while asserting satisfactory performance to undercut a pretextual explanation.

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