When are disabled employees 'qualified' within meaning of ADA?

About a year ago, the U.S. Court of Appeals for the 1st Circuit reminded employers that employees must have a covered "disability" to be protected under the Americans with Disabilities Act (ADA). This year, the 1st Circuit (which covers employers in Maine, Massachusetts, New Hampshire, and Rhode Island) continued that trend with another employer-friendly discussion about what it means to be a "qualified individual" under the ADA.

Security guard fired for lack of trustworthiness, reliability

Shortly after returning from active duty in Iraq, Mark Flaherty was hired to protect a nuclear power plant as an armed security guard. Ultimately, he became an employee of the plant's owner and operator, Entergy Nuclear Operations, Inc.

As part of his job, Flaherty had access to sensitive areas of the plant without an escort. Under federal regulations, that level of access is granted only after an extensive background investigation and psychological and behavioral tests meant to provide "high assurance" that the individual is "trustworthy and reliable" and medically able to do the job. Unescorted access must be reauthorized annually, a process that requires guards to identify any medical issues that could interfere with or prevent them from performing their duties.