CSK Successfully Defends Employer in Discrimination Claim

Jessica Arbour of Cole, Scott & Kissane’s Miami office successfully tried an administrative case in the matter of Boffelli v. Kent Security Services, Inc.  The Claimant alleged he was discriminated against in violation of the Americans with Disabilities Act, believing he was terminated because of his medical condition and the needs to accommodate it.  Employer’s position is that he was terminated after falling asleep at his post multiple times, and that it had no knowledge of the Claimant’s medical condition at the time of his termination.

At the conclusion of the Claimant’s case before the Miami-Dade Office of Human Rights, Jessica moved for dismissal supported by her cross examination of the Claimant, in which she established the Claimant had no proof that he notified Kent Security of his disability nor that similarly-situated individuals were treated better than he was.  The motion was unanimously granted by the three member panel.

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