Disability and Performance Reviews: What the Solera Lawsuit Alleges
Before judging an employee’s results, a manager should examine whether the employee had access to the resources needed to achieve them.
That question is central to a disability discrimination lawsuit the U.S. Equal Employment Opportunity Commission (EEOC) announced against Solera Holdings, LLC, on October 20, 2026 (EEOC, 2026).
For HR teams and managers, the case offers a timely reason to review how assignments, training, and workplace access factor into performance discussions.
What the EEOC Alleges Against Solera
According to the EEOC, Solera transferred a longtime blind employee from consulting to sales because of his degenerative eye disease. The agency alleges that the company then restricted him to one product, withheld sales leads, and excluded him from meetings and training.
The EEOC says these conditions hampered his performance, which the company relied on to justify his termination in August 2025. The agency brought the case under the Americans with Disabilities Act in the U.S. District Court for the District of Maryland, case number 1:26-cv-04393 (EEOC, 2026).
These are allegations, not established court findings. Human Resources Director’s October 22 coverage also described the allegations as untested in court (Romero, 2026).
This summary draws on the agency’s announcement and published reporting. A public company response was not located in the sources reviewed as of October 26, 2026.
Why Results Need Context
The practical management question extends beyond the outcome of this particular lawsuit: what information should a reviewer examine before explaining a performance gap?
A sales figure, project deadline, or customer-service score records an outcome. A useful review also examines the work assigned, the tools available, the instructions given, and any barriers raised during the review period.
Consider a hypothetical service team. Two employees share a turnaround-time target, but one cannot access a required knowledge base for several weeks. Comparing completion times without examining that access problem leaves out information relevant to the assessment.
That example is illustrative, not an allegation about Solera. It also does not mean every resource difference explains poor performance or proves discrimination. The purpose is to investigate the circumstances before reaching a conclusion.
The following questions are editorial suggestions for managers reviewing their own processes.
Four Questions to Ask Before Finalizing a Performance Review
1. Did the Employee Receive the Work Needed to Demonstrate Performance?
Compare the responsibilities being assessed with the assignments the employee actually received.
If the review measures client development, did the person have relevant client opportunities? If it measures leadership, were there meaningful chances to lead?
Look at assignment records rather than relying only on recollection. Where opportunities differed, establish why and whether the difference affects the comparison.
2. Were the Tools and Training Usable?
Access involves more than having an account or receiving an invitation.
Ask whether the employee could use the required systems, participate in training, and obtain the materials needed for their assignments. Check whether reported problems were resolved and whether follow-up confirmed that the solution worked.
For example, after changing a workflow or introducing a platform, ask employees to flag specific obstacles. Route accessibility and accommodation concerns to the appropriate HR process instead of assuming that silence confirms everything is working.
3. Were Expectations Clear After a Role Change?
A transfer should prompt a discussion about responsibilities, priorities, available support, and how results will be evaluated.
Review whether goals still match the work assigned. Identify any preparation the employee needs and who will provide it.
A useful manager question is: “What do you need clarified or made available to carry out these responsibilities?”
Avoid making assumptions about what someone can or cannot do based on a disability. Discuss the work and any support needs through the appropriate process.
4. Were Barriers Raised and Followed Up?
Before finalizing a rating, review concerns the employee previously raised about workload, access, instructions, or support.
Identify what action was taken, who owned the follow-up, and what remains unresolved. Give the employee an opportunity to explain relevant circumstances and correct factual errors in the review.
Keep performance documentation focused on job-related evidence. Handle medical information and accommodation records through the organization’s confidential HR procedures.
Together, these questions help reviewers examine the basis for their conclusions. They do not determine the legal outcome of an individual employment decision.
What Employees Can Bring to the Conversation
Employees can also prepare concrete information about conditions affecting their work.
Record relevant assignments, requested support, unresolved access issues, and their effect on specific tasks. Where appropriate, bring a concise timeline to the review discussion.
A hypothetical way to raise an issue is:
“The review includes turnaround time for these requests. During this period, I could not access the reference system needed to complete them. I reported the issue on these dates. Can we review that context and confirm how access will be addressed?”
That approach gives the conversation a specific issue to investigate. If you need disability-related support, explain to your manager or HR how a medical condition is affecting a work task and ask to discuss possible adjustments. HR can help coordinate the next steps.
Why This Matters to Diversity.com
Fair opportunity continues after someone is hired. It includes access to the work, information, and support through which employees can contribute and demonstrate their abilities.
That is why performance reviews belong in Diversity.com’s coverage of workplace inclusion. An inclusive hiring message should connect to everyday management decisions once the person joins the team.
Our article on inclusive leadership examples explores related decisions about participation, development, and recognition. Reviewing those decisions alongside performance evidence makes the connection between opportunity and evaluation more concrete.
Final Thoughts
Before your next performance review, examine both the results and the conditions in which the work took place.
Confirm what was expected, what opportunities and resources were available, and whether reported barriers received follow-up. Then explain the assessment using specific evidence.
For teams reviewing the earlier stages of employment, Diversity.com’s guide to accessibility in hiring offers a related starting point. The broader goal is continuity: a fair opportunity to be considered, contribute, and have that contribution evaluated thoughtfully.
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Frequently Asked Questions
Does the Solera lawsuit establish that the company discriminated?
The cited sources report allegations, not a judgment establishing liability. The case should be described with that distinction intact.
What should a manager check when an employee raises an access problem during a review?
Clarify which task was affected, when the problem occurred, what support was requested, and what follow-up happened. Involve HR where accessibility or accommodation issues arise, and assess the circumstances before deciding on next steps.
Does a fair review require identical assignments for everyone?
No. Roles and assignments can differ. The practical question is whether the evaluation reflects the person’s actual responsibilities and opportunities, and whether differences have a relevant explanation. A resource difference alone does not establish discrimination.
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Sources & References
Romero, T. (2026, October 22). One product, no leads: EEOC sues Solera for alleged disability discrimination. Human Resources Director. https://www.hcamag.com/us/specialization/employment-law/one-product-no-leads-eeoc-sues-solera-for-alleged-disability-discrimination/594612
U.S. Equal Employment Opportunity Commission. (2026, October 20). EEOC sues Solera Holdings for disability discrimination [Press release]. https://www.eeoc.gov/newsroom/eeoc-sues-solera-holdings-disability-discrimination
