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Sales rep who waited until termination to request accommodation lacks ADA claim

A pharmaceutical sales rep who was terminated after twice failing a required product certification exam could not advance failure-to-accommodate and disability bias claims because, although he had a prior unknown history of anxiety and depression, he failed to notify the company of his need for a test-taking accommodation and the record revealed no reason why management would have been aware of such a need, a federal district court in Massachusetts ruled (Daly v Abbot Laboratories, Inc, September 23, 2013, O’Toole, G, Jr).

Granting the employer’s motion for summary judgment, the court found it significant that the employee did not make any mention of a disability or a need for accommodation until his termination meeting, days after he knew he had failed the exam for the second time.