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A police department terminated an African American probationary employee shortly before he completed a one-year training program for troopers. The department cited his subpar performance in report writing and radio communications. A few months before the termination, the department had the employee professionally evaluated. It was determined that he had a pos- sible learning disability, and a remedial training program was devised to help him overcome the problem. However, by the time the remedial efforts were to begin, his probationary period was ending. Due to his performance problems, the department chose to terminate him. The em- ployee claimed race discrimination and pointed to another (white) trainee who had been having similar problems. That employee received special assistance for six months, starting at the outset of his training (although ultimately to no avail). The department attributed the differential treatment to the fact that the other employee's problem became apparent sooner. What should the court decide? Why? (Kidd v. Illinois State Police, 2001 U.S. App. LEXIS 27214)
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