- Issue 1 - December 2007, Volume 35

The Disability History Mystery: Assessing The Employer’s Reasonable Accommodation Obligation in “Record of Disability” Cases

The Americans with Disabilities Act (“ADA”)’ prohibits employers from discriminating against a “qualified individual with a disability,” which the Act defines as “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” Consistent with this definition, the ADA not only prohibits employers from intentionally discriminating against qualified individuals because of their disabilities’-what is sometimes referred to as garden variety disparate treatment–but also makes it unlawful for employers to fail to make reasonable accommodations for such individuals’ “known physical or mental limitations.”

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