Legal Analysis: Addressing Performance Issues in Resident Discrimination Case In considering the documented performance issues, which the residency program might use as a basis for issuing a letter of deficiency and implementing disciplinary actions, several counterpoints strengthen the resident's case 1. Connection Between Disability and Performance Issues + The resident's performance issues align with periods of untreated ADHD and episodes of depression + Under the ADA, Rehabilitation Act, and Illinois Human Rights Act (IHRA), performance deficiencies related to a known disability should be met with reasonable accommodations, not punitive actions + Evidence shows that the resident's performance improved once accommodations were provided, suggesting that early intervention with accommodations could have mitigated these issues. 2. Duty to Engage in the Interactive Process + The ADA mandates that employers engage in an interactive process to explore potential accommodations before pursuing disciplinary actions. + In this case, the programs pattern of delaying necessary accommodations while maintaining standard performance expectations runs counter to ADA guidelines. + Ifthe program relied on performance issues to justify discipline, their lack of engagement in providing accommodations significantly weakens their argument. Courts often require that accommodations be attempted prior to penalizing employees for performance deficiencies tied to a disability. 3. Timing of Disciplinary Actions Following Disability Disclosure + The timing of the letter of deficiency, which closely followed the resident's disclosure of depression and ADHD, suggests potential discrimination, + Courts often view close temporal proximity between a disability disclosure and subsequent adverse actions as indicative of discriminatory intent, particularly when the adverse action follows the disclosure of a protected condition. 4. Lack of Supportive Transition After Medical Leave + Under FMLA, employees are entitled to protected leave for medical conditions. Furthermore, ADA and IHRA requirements extend to support an employee's transition back into the workplace following medical leave. + In this case, the program imposed immediate punitive measures upon the resident's return, ignoring the resident's documented mental health condition. + The program's response fails to meet ADA’s reasonable accommodation requirements and suggests discrimination rather than a supportive reentry for a resident managing mental health needs. 5. Performance Deficiencies as Potential Pretext for Disc Actions atory + The program's approach to discipline, despite knowing of the resident's disabilities, may be viewed as pretextual—where performance issues are cited as a mask for discrimination. + Given that the program predetermined adverse actions without observing the effect of accommodations, ‘courts may find that performance deficiencies were not the genuine reason for disciplinary measures. 6. Professional Standards in Medical Education + The ACGME sets standards for residency programs, requiring support for residents with disabilities, including mental health+ Rather than supporting the resident's educational success, the program's punitive response to documented mental health conditions violates both educational and disability accommodation standards, as defined under the ADA and IHRA. Summary While the program may cite performance issues as a basis for disciplinary actions, the following points strongly support the resident's case: + Delayed and insufficient accommodations contributed to performance issues. + The hostile environment and punitive approach to medical leave and disability disclosures reveal discriminatory intent. + Professional standards were disregarded, particularly in handling mental health disclosures in an educational setting. The programis actions suggest that performance issues, though present, were exacerbated by untreated disabilities. The lack of a supportive response strengthens the case for discrimination and neglect of the resident's disability rights. Statutory Violations in Resident Discrimination Case 1. Americans with Disabilities Act (ADA) Violations Definition of Disability (42 U.S.C. § 12102) + Violation: Failed to recognize ADHD and depression as qualifying disabilities that substantially limit major life activities + Specific Section: § 12102(1)(A) defining ‘disability’ as ‘a physical or mental impairment that substantially limits one or more major life activities” Discrimination Prohibitions (42 U.S.C. § 12112) + Violation: Discriminated against a qualified individual on the basis of disability + Specific Sections: © §12112(a): General prohibition against discrimination © §12112(b)(5)(A): Failure to make reasonable accommodations © §12112(b)(5)(8): Denying employment opportunities based on the need for accommodation Reasonable Accommod: n Requirements (42 U.S.C. § 12111) + Violation: Failed to engage in interactive process and provide timely accommodations + Specific Section: § 12111(9) defining reasonable accommodations. Retaliation Prohibition (42 U.S.C. § 12203) + Violation: Took adverse action following disability disclosure + Specific Section: § 12203(a) prohibiting retaliation against individuals exercising their rights 2. Rehabilitation Act Violations Section 504 (29 U.S.C. § 794) + Violation: Discriminated in a federally funded program + Specific Sections: © § 794{a): Prohibition of discrimination under federal grants © § 794(d): Standards applied using ADA guidelines 3. Illinois Human Rights Act (IHRA) Violations (775 ILCS 5/)Employment Discrimination (775 ILCS 5/2-102) + Violation: Discriminated based on disability in employment + Specific Sections: © 775ILCS 5/2-102(A): Civil rights violations in employment © 775ILCS 5/2-102(J): Failure to accommodate Ret n Provisions (775 ILCS 5/6-101) + Violation: Retaliated against individual for exercising protected rights + Specific Section: 775 ILCS 5/6-101(A) prohibiting retaliation 4. Family and Medical Leave Act (FMLA) Violations (29 U.S.C. § 2601) Protected Leave Rights (29 U.S.C. § 2612) + Violation: Failed to properly handle medical leave + Specific Section: § 2612(a)(1)(D) entitlement to leave for serious health condition Job Restoration Rights (29 U.S.C. § 2614) + Violation: Failed to properly restore to position after leave + Specific Sections. © § 2614(a)(1): Right to return to same or equivalent position © § 2614(a)(2): Benefits continuation Interference Provisions (29 U.S.C. § 2615) + Violation: interfered with FMLA rights through punitive measures + Specific Section: § 2615(a)(1) prohibiting interference with rights 5. Specific ns by Category Accommodation Process + Relevant Laws © ADA: 42 US.C. § 12112(b)(5)(A) © IHRA: 75 ILCS 5/2-102(J) + Violations: © Delayed accommodation implementation © Failed to engage in interactive process © Did not evaluate accommodation effectiveness Disciplinary Actions + Relevant Laws © ADA: 42 USC. § 12112(a) © IHRA: 75 ILCS 5/2-102(A) + Violations: © Issued deficiency letter without accommodations © Imposed punitive measures post-disclosure © Failed to consider disability impact on performance Medical Leave Handling + Relevant Laws: © FMLA: 29US.. § 2614(a) © ADA: 42 USC. § 12112(0)(5)(A) + Violations: © Improper return-to-work transition © Punitive measures upon return© Failed to accommodate post-leave needs Professional Education Standards + Relevant Laws: © Rehabilitation Act: 29 USC. § 794 © ADA:42 USC. § 12112 + Violations: © Failed to provide educational accommodations © Discriminatory treatment in educational setting © Non-compliance with disability support requirements Available Statutory Remedies Federal Remedies (ADA/Rehabilitation Act) + Statutory Basis: 42 U.S.C. § 12117(@) + Available Remedies: Reinstatement Back pay Front pay Compensatory damages Attorney's fees State Remedies (IHRA) + Statutory Basis: 775 ILCS 5/84-104 + Available Remedies: © Actual damages © Hiring/reinstaternent © Back pay © Attorney's fees