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For more than 20 years, Donald Merry, who has developmental disabilities, had a successful career as a mailroom clerk with the Nelson Company. His tasks were transferred over to the Wellspring Company. Merry told his new supervisor that he needed more time to learn new tasks but that he was not “stupid.” Merry had little training and insufficient supervision while working at the Wellspring Company. After only 13 weeks the company dismissed him.

Merry filed an ADA employment discrimination complaint with the EEOC. Six months later he had not heard from the EEOC. He went to a lawyer, who obtained a right-to-sue letter from the EEOC and filed a lawsuit on his behalf. Due to Mr. Merry’s "substantial limitation in one or more life activities" and his 20 years experience with the same company, the lawyer felt his case was important and agreed to take it. The case was convincing and as a result the Wellspring Company agreed to settle with Mr. Merry for $100,000.

The names and some of the details in this example have been changed.