Since the enactment of the Americans with Disabilities Act more than 20 years ago, the term “qualified individual with a disability” has become well-entrenched in the vernacular of employment discrimination law. Substantial case law has developed applying this phrase, which constitutes a threshold requirement for claims under the ADA; those who cannot establish that they are “qualified individuals with a disability” necessarily fail to prove their claims.
Among disability discrimination cases, however, a significant number assume, without detailed analysis, that the plaintiff has proven or could prove that she is “qualified individual with a disability” and move on rapidly to address the often more thorny issue of causation. Especially for purposes of summary judgment, the issues of “qualification” and “disability” often are viewed as minimally burdensome and as easily satisfied by a modicum of evidence presented by the plaintiff.
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