Let's assume that you have an employee who commits a terminable offense. For example, in Martins v. Rhode Island Hospital, surveillance cameras and the Hospital's employee ID swipe system suggested that Martins left work for approximately four hours and, later, he could not account for his whereabouts.

So, you schedule a termination meeting, which is exactly what the Hospital did with Martins. However, at the meeting, Martins told the Hospital that he suffers from bipolar disorder.

Based on the these facts, if the Hospital fires Martins does it engage in disability discrimination?

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