The focus is no longer on whether employee is disabled under the ADA.
Accommodations are required not just so the employee can perform the essential functions, but even if they can perform more easily and contribute to being in their position successfully.
Most ADA claims will now focus on whether the applicant or employee is qualified for the job, if a reasonable accommodation was offered, if the employer engaged in interactive process in good faith to discuss possible accommodations, and if the employer took adverse action based on individual's disability, record of disability, or being regarded as disabled.
Frank C. Morris, Jr.
Epstein Becker & Green, P.C.
- Chair, 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 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 list and in Washington, D.C., and Baltimore’s 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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