WHEN IS A DISABLED EMPLOYEE PROTECTED UNDER THE ADA?

An employee who has a disability that impairs the employee’s ability to engage in a “major life activity,” such as taking care of oneself, walking, talking, breathing, seeing, hearing, learning, reproducing, interacting with others, sleeping, and working, may be protected under the ADA if the employee can perform the essential functions of the job with or without reasonable accommodation. If the employee is otherwise qualified for the position, then the employer must provide reasonable accommodation. Courts have discussed what accommodations are reasonable and also what roles the employer and the employee must play in the process of negotiating the appropriate accommodation. Once the employer is made aware that a disability exists, the employer must engage in a discussion of what assistance the employee needs to perform the essential functions of the job. Notification does not have to come from the employee. It can come from the employee’s healthcare provider, family or trusted friend.