Even With Accommodations, Essential Functions are Required Under ADA

The U.S. 4th Circuit Court of Appeals (whose rulings apply to all West Virginia employers) has been busy deciding Americans with Disabilities Act (ADA) accommodation cases this year. In at least two cases, it found that the employees were not protected by the ADA with regard to discrimination and failure-to-accommodate claims because they were not “qualified individuals”—that is, their legitimate medical restrictions did not permit them from performing their essential job functions.

Case #1...