Deafness and quadriplegia are clearly disabilities, but many conditions are harder to judge. Some courts require an interactive process between the employer and the disabled individual, sometimes with the employer taking a more affirmative role.Courts determine the reasonableness of the accommodation on a case-by-case basis.An employer does not discriminate by denying a job to a person who is not qualified to perform it.Inquiries and Exams The ADA protects disabled individuals during the hiring process, by prohibiting employers from inquiring about disabilities or subjecting prospective employees to medical tests before hiring them.In making a "reasonableness" determination, courts do look at the essential functions of the job in questions.If the employee cannot perform the job's essential functions with or without reasonable accommodation, the employee is not qualified for the job.
Given this, it's not always easy to know when a firm is in order. The most obvious sign you're too accommodating: Saying yes makes you feel bad.
Most of us -- no matter how together we are -- could use help with saying nay.
More From Health: Learn To Be Assertive And Love it!
Get a Free Initial Claim Review A number of questions can arise in any ADA case, and many can be difficult to answer.
For example, which accommodations are reasonable, and which would create an undue hardship?