Essential functions and the ADA: WI federal court rules on ‘qualified individuals’

The Americans with Disabilities Act (ADA) protects qualified individuals with disabilities from employment discrimination. An employee is only considered “qualified” under the ADA, however, if he can perform his position’s essential functions. If a disabled employee can perform only some of the possible job requirements, is he still able to perform his essential functions sufficient to trigger ADA protection? The U.S. District Court for the Eastern District of Wisconsin recently addressed this question.

Who is a qualified individual under the ADA?

Title I of the ADA protects only qualified individuals with disabilities. An individual is considered “qualified” if they can perform the essential functions of their job, with or without the assistance of a reasonable accommodation.

To determine if an employee is a qualified individual under the ADA, courts conduct a two-part inquiry. First, the courts consider whether the employee satisfied the prerequisites of the position, including appropriate education, experience, skills, and licensing. If they satisfy the prerequisites, the court then considers whether they can perform their position’s essential functions, with or without a reasonable accommodation.

The claim

Randy Tesch was employed by the city of Ripon as a laborer in the Public Works Department for over 20 years. His position as a laborer required him to perform “arduous manual labor” on a regular basis.