- Has a mental or physical impairment that substantially limits one or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
A “qualified individual” is someone with a disability who, with or without “reasonable accommodation,” can perform the essential duties of the job at issue. Recommended Reading
“Reasonable accommodation” may include, but is not limited to:
- Making the workplace in use accessible to disabled employees;
- Restructuring jobs or schedules;
- Modifying existing equipment; or
- Acquiring new equipment.
Furthermore, the employer is required to make such reasonable accommodations to the known disability of a qualified applicant or employee, unless by so doing the employer’s business will be subject to an “undue hardship.”
An “undue hardship” may exist if the necessary accommodation is either significantly difficult or expensive when considered in the context of the size of the employer’s business, the nature of the business, and the employer’s financial resources.
Further limitations are placed on employers during the application process. Employers may not ask job applicants about the existence, nature, or severity of a disability. Any medical examinations required by the employer must be job-related, consistent with the needs of the business, and required for all applicants or employees performing similar job functions.
If you believe you have been subject to employment discrimination due to a disability, you may be able to successfully file an employment discrimination claim with the appropriate state or federal agency. Get the legal advice and help you need from our experienced Dallas employment attorneys. For a free initial consultation, do not hesitate to contact us by filling out the form on this page.