Human Resources

Understanding People with Disabilities

This information is intended to provide an overview of Case Western Reserve University's policies and services as related to members of the university community with disabilities. It is not meant to be a comprehensive explanation of the requirements of the American Disabilities Act of 1990.

People with Disabilities in a University Workplace

Not everyone is suited for all jobs, but a disability does not automatically preclude an individual's ability to fill a certain position. The ADA prohibits employment discrimination against "qualified individuals with disabilities." Someone with the skills, experience, education and other bona fide requirements necessary to the job is considered to be a qualified individual, whether he or she has a disability or not.

The test to be applied in matching individuals to employment, according to the ADA, is one of "essential function." If the "essential function" of a job can be performed, the individual is a legitimate candidate to fill the position and is protected from discrimination. Marginal functions of a job cannot be used to disqualify an otherwise qualified individual with impairment.

When is a job function ‘essential’?

Ask the following about each function related to the job

1. Does the position exist to perform the function?
2. Can other employees perform the function?
3. What degree of expertise or skill is required to perform the function?

A written job description is evidence of the essential functions of a job, if it is prepared before advertising or interviewing applicants for the job. Examples:

• A secretarial position requires typing (70 percent), phone reception (25 percent), and filing (5 percent). An applicant with a wheelchair who can type, answer phones, and file in lower cabinets, but who cannot file in upper cabinets could still perform the "essential functions" of the job.
• A technician position requires completion of invoices to record the costs of repairing a piece of equipment. This task only requires 15 minutes each workday. Because of a learning disability, the technician cannot write. This is the only task of the job that requires writing. The manager can complete the invoices. Therefore, preparing invoices is arguably not an "essential function".
• A job description for a delivery clerk states that an essential function requires the ability to lift a 50 pound box of supplies. The job description is evidence of an essential job function.