Is an employee required to show he was qualified to perform the essential duties of his position at the time of an adverse employment decision? Daniel Schwartz of Shipman & Goodwin looks at this question, which was recently in front of the Connecticut Appellate Court in Tomick v. UPS.
In order to establish a case of disability discrimination, the plaintiff must demonstrate he or she was “qualified for the position.” But it’s not always clear what this means. The employer in the case argued that to fulfill this requirement, the person must be able to perform his or her job at the date of complaint.
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