fired for not meeting goals - disability discriminationA typical disability discrimination claim by a salesperson involves a situation where the employee was fired for not meeting goals due to, in whole or in part, his known medical condition / qualifying disability. The employer then terminates an employee and later argues that the termination was lawful, because meeting the sales goals of the company is an “essential function” of the job. Thus, if that employee wasn’t able to perform that essential function with or without accommodation, then terminating him didn’t violate the law, and the case should be dismissed. See Zamora v Services Specialists, Inc. (2021).

Claimants who find themselves facing the above argument by the employer in litigation should be aware of a number of important precedents that could help them survive a motion to dismiss, or even win their case on the merits:

“Evidence of ‘essential functions’ may include the employer’s judgment, written job descriptions, the amount of time spent on the job

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