of disability; information obtained from the medical examination must be kept confidential; and the grounds for disqualifying an employee, based on a failed medical examination, must directly relate to the employee’s inability to perform essential job functions, with or without a reasonable accommodation.
as opposed to any marginal or non-essential functions of a particular position. These include functions and activities which the employer actually and currently requires employees in the position to perform and, if removed, would fundamentally alter the nature of the job. If incumbent employees are not actually performing the function at issue, it would not be considered essential. It is not necessary that the particular function be performed on a regular basis to still be considered “essential;” for example, a firefighter may not have to regularly carry unconscious adults out of a burning building nor police officers perform forcible arrests—however, the failure of the firefighter or police officer to perform those functions on the occasions they arise may have significant consequences and, thus, be considered essential functions. The ADA does not require employers to lower production standards. For instance, an employer may legitimately require all typists, including disabled ones, to accurately type at 75 words per minute, in which case a production of 65 words per minute would not be considered adequate.
The next term to be defined is that of “qualified individual.” The application of the ADA depends on the issue of whether the individual in question is “qualified.” There is no requirement under the Act that an employer hire or continue to employ a person who is not qualified to perform the essential functions of a job. In order to be protected, an individual must satisfy the basic prerequisites and job qualifications of the position and maintain all necessary educational, experience, and licensure requirements of a job. Be aware, however, that whether the employee is able to perform essential job functions may depend on whether or not a reasonable accommodation is available, as explained below. The definition of “disability” relates to a physical or mental impairment which substantially limits one or more major life activities; further, it includes persons who have a record of such an impairment or who are regarded as having such an impairment (even if they do not) and also includes persons who have a relationship with a disabled person. Thus, the protections of the law extend to persons who may be discriminated against because other people erroneously think they have a disability or had one in the past. Physical and mental impairments include any kind of disorder which limits a person’s activities and abilities to function within a “normal” range or which limit an individual’s major life activities. Those activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, and others. To provide ADA protection, the disability must have a “substantial” limit on a person’s performance of these life activities.
Employers are required to provide “reasonable accommodations” to assist a disabled employee to perform essential job functions. Reasonable accommodations may include a modification of the work environment by making existing facilities more accessible and usable by persons with disabilities, such as building a wheelchair ramp. It might include restructuring job assignments or work schedules, including parttime scheduling and shift trading, or might entail specific training. Acquiring or modifying certain kinds of equipment or devices may, in some cases, be considered a reasonable accommodation. Reasonable accommodations may also include adjusting or modifying examinations or training materials, providing qualified readers, interpreters, or similar accommodations for individuals with disabilities. Obviously the type of accommodation that may be necessary varies considerably depending on the nature of the job, its physical environment, and the qualified employee’s disability.
An element of the term “disability” relates to an employee’s or applicant’s ability to perform the “essential functions” of a job. Essential functions are those which are necessary to job performance,
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