1 Analyses of this case by attorneys

  1. Sixth Circuit

    Outten & Golden LLPPaul MollicaApril 5, 2011

    Claim under Title II - even if applicable to employment - waived by complaint, which cited statute but did not tie particular allegations to that section. Employee was, under current circuit authority, required to demonstrate in prima facie case that disability was "sole," rather than "motivating," factor (Monette v. EDS Corp., 90 F.3d 1173, 1178 (6th Cir. 1996)). Where there was evidence that the employee was terminated, at least in part, because of poor work performance, employee cannot establish that disability was the "sole" reason.