• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Join Our Network
  • Affiliate News
  • Newsletters
  • Labor & Employment Law Events
  • Our Feeds
  • About Us
  • Contact Us

Employment Law Information Network

All Things Labor and Employment Law

Get Our Daily or Weekly Newsletter!
Articles • Alerts • Expert Advice
Daily Newsletter
Weekly Newsletter
California Newsletter
  • Federal Articles
  • State Articles
  • HR News
  • HR Policy Samples
  • HR Guidebook
  • Employment Contracts
Home > Federal Law Articles > Disability Discrimination > ADA - Otherwise Qualified

Articles Discussing The "Otherwise Qualified" Requirement Under the ADA.

Employee Incapable of Complying with Valid Safety Requirements is Not a “Qualified” Individual

Posted: January 22, 2021 | Jackson Lewis Category: ADA - Otherwise Qualified

An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA), even if the safety requirement is not part of the “essential functions” of the employee’s position, the U.S. Court of Appeals for the

Fourth Circuit Ruling Finds Employee is not a “Qualified Individual” under ADA when Employee Fails to Comply with Valid Safety Requirement

Posted: December 21, 2020 | Maynard Nexsen PC Category: ADA - Otherwise Qualified

On December 9, 2020, the U.S. Court of Appeals for the Fourth Circuit found that a former employee did not meet the definition of a “qualified individual” to afford protection under the Americans with Disabilities Act (ADA) because of her failure to comply with a valid safety requirement for her position.  

Your Presence Is Required: Employee Unable to Travel to Job Site Was Not “Qualified” Within the Meaning of the ADA

Posted: August 12, 2018 | Jackson Lewis Category: ADA - Otherwise Qualified

In recent years, particularly with technology making it easier for employees to work remotely, courts have struggled to determine whether onsite attendance is an essential job function under the Americans with Disabilities Act (“ADA”).

Medical Progress Needs to Be Assessed in Determining Whether an Individual Is Qualified.

Posted: June 17, 2018 | Jackson Lewis Category: ADA - Otherwise Qualified

A recently filed federal court case should serve as a reminder to employers that medical advances often make the impossible possible and, as a result, can make the unqualified qualified under ADA. Although the suit asserts a constitutional violation and not a claim under the ADA, the lesson is worth heeding by the conscientious non-governmental employer.

High School Teacher is Determined to not be Disabled After She Accepts Another Teaching Position

Posted: June 7, 2017 | Jackson Lewis Category: ADA - Otherwise Qualified

Sharon Walker (“Walker”), a high school business teacher, brought suit against the Pulaski County Special School District (“PCSSD”) claiming that she had been discriminated against and retaliated against because of her disability in violation of the American with Disabilities Act (“ADA”). PCSSD filed a motion for summary judgment, and on May 1, 2017, it was granted by the U.S. District Court for the Eastern District of Arkansas.

EEOC Finds Hospital’s Leave Policy Unlawful, But Court Dismisses Nurse’s ADA Claims

Posted: November 18, 2015 | Jackson Lewis Category: ADA - Otherwise Qualified

A federal court in Texas has dismissed a nurse’s disability discrimination and retaliation claims because she failed to establish she was qualified to perform the duties of her position with or without reasonable accommodation even after the EEOC found the employer’s six-month cap on leaves of absence violated the American with Disabilities Act. Salem v. Houston Methodist Hospital, C.A. No. 4:14-1802 (S.D. Tex. Oct. 30, 2015).

Legal Alert: Deaf Lifeguard’s Disability Claims Against Oakland County Go to Jury

Posted: January 18, 2013 | Ford Harrison Category: ADA - Otherwise Qualified

Executive Summary: The Sixth Circuit has reversed the decision of a lower court and held that a deaf individual should be permitted to proceed to trial on his claim that a prospective employer discriminated against him on the basis of disability by failing to hire him as a lifeguard. Keith v. County of Oakland, (6th Cir. Jan. 10, 2013). In reviving the Americans with Disabilities Act (ADA) claim, the Court found that a jury should be permitted to determine whether the individual was otherwise qualified to be a lifeguard, with or without accommodation, that is, whether hearing is an essential function of the job and, if so, whether reasonable accommodations could have been made.

Primary Sidebar

Disability Discrimination Article Index

  • ADA – Direct Threat (10)
  • ADA – Disability Defined (13)
  • ADA – Drug & Alcohol (18)
  • ADA – Essential Functions (9)
  • ADA – General (128)
  • ADA – Mental Disabilities (18)
  • ADA – Otherwise Qualified (7)
  • ADA – Particular Conditions (19)
  • ADA – Post Hire Inquiries and Exams (5)
  • ADA – Pre Employment Inquiries (2)
  • ADA – Public Accommodations (17)
  • ADA – Reasonable Accommodation (106)
  • ADA – Regarded as Claims (2)

Site Search

Connect With Us!

  • Email
  • LinkedIn
  • Phone
  • RSS
  • Twitter

Article Calander

May 2025
SMTWTFS
 123
45678910
11121314151617
18192021222324
25262728293031
« Apr    

Privacy Policy, Disclaimers & Copyright
elinfonet.com, LLC • P.O. Box 45, Chinchilla, PA 18410 • 570-301-6277 • info@elinfonet.com