In a disparate treatment case involving a disabled employee,one of the employer's defenses is to establish that the employment action was taken as a result of the employee's:

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In a disparate treatment case, one of the employer's defenses is to establish that the employment action was taken for a reason other than disability discrimination. Defenses might include the employee's poor performance or economic necessity. In hiring and promotion cases, the employer can try to establish that the employee was unqualified for the position.

In a Disparate Treatment Case Involving a Disabled Employee,one of the Employer's