In a situation of an interview or dealing with an ADA situation, I tell clients and students alike that one of the things they need to have memorized is the question “Can you perform the essential functions of this job, with or without a reasonable accommodation.” It is truly essential.
If an employee cannot perform the essential functions of the job they are not eligible for protection under the ADA. This was reaffirmed by a decision of the Seventh Circuit Court of Appeals. In this case, according to Jonathan Crotty, of Parker Poe, a hospital was able to deny a position to an employee, even though he was disabled. To be a doctor at this hospital the employee needed to have passed licensing tests. The employee was unable to pass the third test. Passing this third test is a requirement to practice medicine in the United States. This individual was unable to pass, even though given three times to pass the test. He then resigned, but then sued for discrimination. The courts recognized that, even though accommodated with a third attempt, the employee was just not able to perform the essential function of the job, aka, passing the test, and they dismissed his case.
The ADA does not require that employers eliminate essential functions when considering initial employment or continued employment situations. The individual needs to be able to demonstrate that they can perform the essential function. If they cannot demonstrate that ability they can be denied the position. Of course, that opportunity to demonstrate needs to include a reasonable accommodation opportunity. What is reasonable is a whole nother conversation.
Don’t forget the documentation of the “interactive” discussion you are having with the employee about their situation. You will need to be able to defend your actions if need be. This case, however, shows that you don’t need to automatically cede to every request for an accommodation.
Can you perform the essential functions with or without a reasonable accommodation? Will a reserved parking spot help?
Omega HR Solutions, Inc. uses creative human resource solutions to provide answers to time, money and service issues with employers and their employees. Visit our Products and Services page for more information or contact us to learn how we can help your organization.
I have been in human resources for over 30 years, both as a practitioner and consultant. I am known as "THE HR COMPLIANCE GUY" and as an HR Futurist. I was named an "Influencer" to IBM's New Way to Work panel.
I co-founded Omega HR Solutions in late 2000, beginning operations January 2001. I am a senior HR consultant. I am also an instructor at the University of Georgia School for Professional Education teaching human resources management. Additionally, I present numerous webinars on a monthly basis.
My blog has been published over 10 years and I write for two other sites as well, Workology (formerly Blogging4Jobs) and eSkill. I have been a certified Senior Professional in Human Resources (SPHR) for over 20 years and I have been certified as SHRM-SCP from day one.
With my background, knowledge and experience I help guide companies through compliance issues today and help them prepare for the world of work tomorrow.
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Located on the northwest corner of Normandy and Woodward Avenue in Royal Oak, Michigan, the building served as Fredericks' studio for over 50 years.	
Located on the northwest corner of Normandy and Woodward Avenue in Royal Oak, Michigan, the building served as Fredericks' studio for over 50 years.
Marshall Fredericks working on a sculpture in the Royal studio with model for "Star Dream Fountain" in the foreground
View of the Royal Oak studio with "Black Elk: Homage to the Great Spirit," "Victory Eagle" (American Eagle) and "Henry Ford"