Lexology.com
Fenwick & West LLP
Victor Schachter and Betsy White
USA
April 8 2011
In Whitfield v State of Tennessee, the Sixth Circuit Court of Appeals (Cincinnati) upheld judgment for an employer who had presented "overwhelming evidence" that performance problems, as opposed to her status as a disabled person, caused her termination. Plaintiff was blind in one eye and had cerebral palsy. During her first six months in an administrative job, her work product was plagued with bad grammar, serious spelling mistakes, and difficulty filing documents alphabetically. Although training classes were offered, Plaintiff did not attend.
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