L AW R EV I EW demonstrates that the Township fired Mullen because of his disability, especially when considered in light of the fact that the Township granted Mullen's pri- The federal district court found Mullen had failed to " articulate how the Township's lack of a formal policy against using a Township snowplow on private property raises an inference that the Township terminated Mullen based on his disability. " or requests for disability-related accommodations. " In reaching this conclusion, the court further 32 Parks & Recreation found the timing of Mullen's termination was " not unusually suggestive of discriminatory intent. " Mullen claimed he did not return to work following his knee surgery until November 2017. The Township terminated his employment on January 18, 2018. In the opinion of the court, the " temporal proximity " of these facts was " not unduly suggestive " of a pretext for discrimination on the basis of disability because " more than twoand-a-half months had passed before Mullen was terminated after returning from knee surgery. " In addition, the federal district court found Mullen had failed to " articulate how the Township's lack of a formal policy against using a Township snowplow on private property raises an infer- | A P R I L 2 02 0 | PA R K S A N D R E C R E AT I O N .O R G ence that the Township terminated Mullen based on his disability. " Moreover, in the opinion of the court, " the lack of a written disciplinary record for Mullen during his years of employment with the Township " did not suggest that the Township terminated his employment on the basis of disability in violation of the ADA. While the " lack of criticism of an employee's performance and positive reviews can be relevant, " the court found such evidence would not necessarily suggest Mullen's termination was on the basis of disability. Similarly, the court found " the fact that the Township's director of parks and recreation thanked Mullen for holding-off on his knee surgery during the summer does not lead to an inference of discrimination. "