When Finan began to have seizures, his employer, Good Earth Tools, temporarily suspended him from his sales position because it required him to drive.

Finan’s doctor diagnosed him as having epilepsy, but determined that his seizures could be controlled with proper medication. The doctor also told Finan that he would be able to drive after he had been free from seizures for six months. Good Earth restored Finan to the sales position, but restricted him to telephone and Internet sales rather than driving. Because of the restrictions on his sales activity, Finan’s sales performance declined significantly. After six months, he was permitted to make sales calls in person, but one month later Good Earth placed him on probation because of poor sales performance. Two months later, Good Earth fired him. Finan sued Good Earth under the ADA. Can Finan establish a prima facie case of disability discrimination under the ADA? What, if any, defenses can Good Earth raise here? Explain. See Finan v. Good Earth Tools, Inc.

[2009 WL 1375135 (8th Cir, May 19, 2009)].