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Goldberg Kohn Attorneys David Morrison and Beata Brewster Win Summary Judgment on ADA Case

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

September 25, 2013
Marjorie Johnson, J.D.
Wolters Kluwer Employment Law Daily

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.

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