A worker could not establish a prima facie case that his disabling condition was a motivating reason for his termination when his employer did not know he was disabled when the decision to initiate disciplinary proceedings was made. An employer did not engage in unlawful discrimination by declining to alter its decision to discipline a worker for his absenteeism after learning of a worker's diagnosis with a disabling condition when there was no evidence that his disabling condition was a direct cause of his work absences.
Alamillo v. BNSF Railway Co. - filed Aug. 25, 2017
Cite as 2017 S.O.S. 15-56091
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