Dangers in a dubious discharge

One solid way to avoid liability for disability discrimination is showing the termination occurred before the employer was aware of any disability. That, in turn, may hinge upon when the termination decision was made and whether it was subject to change thereafter.

Good performer caught in a RIF

In June 1999, Kaiser hired Suchin Lin as a data management associate. From 1999 to 2016, she was on several occasions promoted or transferred to a different position, culminating in a position as an IT engineer. During this period, her managers evaluated her performance positively. She and her teammates were directly supervised by Sridhar Manne. Manne, in turn, was supervised by Douglas Monroe, who reported to I&T executive director Wilson Henriquez.

In March 2018, Manne completed written 2017 performance evaluations for the I&T department, giving Lin and each of her teammates the same overall rating of “Successful Performance.” Manne rated Lin’s performance as “Excellent” in several subcategories, including those that encompassed meeting “timeframes” and operating “efficiently.” Later in 2018, Manne conducted her mid-year evaluation, again rating her performance as successful.