BoyarMiller Fortune 200 Client Prevails in Decisive ADA Lawsuit

HOUSTON, Texas (January 4, 2013) — A team from BoyarMiller’s Litigation Group, led by firm Chairman Chris Hanslik, successfully represented a Fortune 200 client in an arbitration hearing that upheld the termination of an employee with a disability who claimed he was the victim of discrimination.

The employee, who suffers from attention deficit-hyperactive disorder (ADHD), filed a lawsuit under the Americans with Disabilities Act (ADA) claiming his disability prevented him from meeting performance goals set by the company and he should receive a reasonable accommodation to be exempt from the performance standard.

The company and employee engaged in an interactive process and the employee was allowed to request his own accommodation. The employee requested additional one-on-one training, which was provided and he was given an opportunity to improve. He was not terminated until his performance declined.

The arbitrator, a member of the American Arbitration Association, determined that the termination was valid and not discriminatory.

“The arbitrator’s ruling reinforces the fact that employers are given great deference in determining the essential functions of a job, and that they are not required to lower production standards as a means of accommodating a disabled employee,” Hanslik said.

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