Jessica Whitfield v. TN, et al, No. 09-6488 (6th Cir. 2011)
Annotate this CaseWhitfield, blind in one eye and suffering cerebral palsy, began working as a secretary with the Tennessee Department of Mental Health and Developmental Disabilities and was fired less than six months later. The trial court dismissed her suit under the Americans with Disabilities Act (ADA) and the Sixth Circuit affirmed. The court first held that a claim for reinstatement survived Eleventh Amendment immunity and determined that Whitfield had waived any possible claims under the "public services" provisions of the ADA. The court rejected an argument that the trial court applied incorrect standards with respect to Whitfield's burden of proof under the Act's employment discrimination provisions, finding that Whitfield failed to establish a genuine issue of material fact as to any disability discrimination. There was overwhelming evidence of poor work and many of Whitfield's failings were unrelated to her disabilities.
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