Employees may not be subjected to adverse employment actions as a result of disability or handicap. Under the ADA, a person has a “disability,” if he or she has:
- a physical or mental impairment, which substantially limits the individual in one or more major life activities;
- A record of such impairment;
- or the employer takes an action prohibited by the ADA because of an actual or perceived impairment that is not transitory or minor.
To be qualified to perform a job under the ADA, an individual must satisfy the requisite skill, experience, education, and other job related requirements of the position held or desired, and be able to perform the job’s essential functions with or without a reasonable accommodation. Essential functions are the basic job duties that an employee must be able to perform based on factors such as the reason the position exists, the number of other employees available to perform the function, and the degree of experience or skill required to perform the job.