How to Determine if an Employee Is Disabled
Author: Meryl Gutterman, Nukk-Freeman & Cerra, PC
The ADA prohibits discrimination against a qualified individual with a disability with respect to the terms, conditions and privileges of employment. Under the ADA, if the employer finds that an individual is disabled, but qualified to perform the essential functions of a job, the employer must provide the individual with a reasonable accommodation as provided for under the ADA.
The first step in determining whether the employer must comply with the ADA is to look at whether the individual meets the ADA's definition of disabled. The employer should take the steps set forth below to evaluate whether an individual is considered disabled under the law.