The Americans with Disabilities Act (ADA) prohibits an employer from discriminating against “a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of the employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112. However, an employer is required to provide a “reasonable accommodation” to a qualified individual with a disability only when doing so would not cause an undue hardship to the employer. 42 U.S.C. § 12112. To limit potential liability under the ADA, employers should understand the legal framework for determining when an employee’s accommodation qualifies as “reasonable.” Peter Mavrick is a Fort Lauderdale employment attorney, who defends businesses and their owners against employment law claims, and represents clients in business litigation in Miami, Boca Raton, and Palm Beach. Such claims include alleged employment discrimination and retaliation as well as claims for overtime wages and other related claims. accommodations
To establish a prima facie case of discrimination under the ADA, a plaintiff must show: (1) he or she is disabled; (2) he or she is a qualified individual; and (3) he or she was subjected to unlawful discrimination because of her disability. Mason v. United Parcel Service Co. Inc, 674 Fed. Appx. 943 (11th Cir. 2017). A “qualified individual” is one who, “with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12112. In other words, the plaintiff must show that “[he or] she can perform the essential functions of [her] job without accommodation, or, failing that, show that [he or she] can perform the essential functions of [his or her] job with a reasonable accommodation.” Davis v. Fla. Power & Light, Co., 205 F.3d 1301 (11th Cir. 2000). “If the plaintiff cannot perform the essential functions of her job even with an accommodation, by definition she is not a qualified individual under the ADA.” Mason v. United Parcel Service Co. Inc, 674 Fed. Appx. 943 (11th Cir. 2017).
Courts evaluate whether a function is essential on a case-by-case basis by examining a number of facts. Holly v. Clairson Indus., LLC, 492 F.3d 1247 (11th Cir. 2007). An essential function is a fundamental job duty of a position and does not include marginal functions of the position. Earl v. Mervyns, Inc., 207 F.3d 1361 (11th Cir. 2000). The Eleventh Circuit Court of Appeals has held that, “[i]n determining if a task is an essential function, relevant evidence may include: (1) the employer’s judgment as to what functions are essential, (2) a written job description, (3) the amount of time spent on the job performing the function, (4) the consequences of not requiring the employee to perform the function, (5) the terms of a collective bargaining agreement, (6) the work experience of past employees in the position, and (7) the current work experience of employees in similar jobs.” Mason v. United Parcel Service Co. Inc, 674 Fed. Appx. 943 (11th Cir. 2017).