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How to Determine If an Employee Is Disabled

Author: Meryl Gutterman, formerly of Nukk-Freeman & Cerra, P.C.

The federal Americans with Disabilities Act (ADA) prohibits a private employer from discriminating against an individual with a disability with respect to job application procedures, hiring, advancement, termination, compensation, job training and other terms, conditions and privileges of employment. Under the ADA, if an individual is disabled but qualified to perform the essential functions of a job, his or her employer must provide a reasonable accommodation as needed.

An employer should take the steps set forth below to evaluate whether an individual is considered disabled under the law.