Question
Respond to the following hypothetical with a thorough analysis of the relevant facts as they apply to the law. When Finan began to have seizures,
Respond to the following hypothetical with a thorough analysis of the relevant facts as they apply to the law.
When Finan began to have seizures, his employer, GoodEarth 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.
If you were Finan's attorney, how would you prove his prima facie case of disability discrimination under the ADA? If you were Good Earth's attorney, what defenses would you raise?
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