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3d Cir 8th Cir ability ADA claim ADHD adverse employment action alleged amended Americans with Disabilities appeal apply argues asserts attomey beneﬁts Bestfoods Bost Burger King Calef certiﬁcation Circuit City complaint concem Corp coun County decision Deen defendant's deﬁned deﬁnition denied Disabilities Act disability discharge dismissed duty EEOC Eleventh Amendment employee entitled essential functions evidence F.Supp facie failed federal ﬁle ﬁled ﬁling ﬁnding ﬁrst FSupp2d genuine issue granted Health hired impairment issue of material Judge Liljedahl major life activity material fact McDonald's Medicaid ment mental motion for summary party perform the essential person plaintiff plaintiﬁ ployee position qualiﬁed individual reasonable accommodation regarded Rehabilitation Act request restaurants retaliation retum Rule S.Ct signiﬁcant sovereign immunity speciﬁc statute substantially limited summary judgment supervisor tennination termination testiﬁed tiff tion Title trial U.S. District Court violation