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 determined that the termination was valid and not discriminatory.
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