Generally, employers have the issue of determining whether or not an applicant or employee is qualified.
Employers don’t have to employ, or continue to employ, someone who is not qualified to perform the essential functions of the job. That is the test - can the applicant or employee perform the essential functions of the job, either with or without a reasonable accommodation? But remember, employers cannot use qualification standards or other selection criteria that screen out individuals with a disability on the basis of that disability, unless the standard is job?related for the subject position and consistent with business necessity. This video reviews essential functions of supervisory duties and how to create ADA-compliant job descriptions.
Frank C. Morris, Jr.
Epstein Becker & Green, P.C.
- Senior Partner in the employment law practice in Washington, D.C., and co-chair of the ADA and Public Accommodations Group for the national law firm of Epstein Becker & Green, P.C.
- Speaker on the ADA and employment law to the judicial conferences for the federal judges of the Third, Fourth, Fifth, Sixth, Seventh, and Eleventh Circuits
- Adjunct professor at the George Washington University Law School
- Named to The Best Lawyers in America and the Washington, D.C. Super Lawyers, and Washington, D.C. and Baltimore Top-Rated Lawyers
- Represents and counsels employers and public accommodations nationally in employment, labor, leave, and disability matters
- Can be contacted at [email protected]
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