The ADA defines a qualified individual as an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this subchapter, consideration shall be given to the employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.

• Are mental conditions cognizable under the ADA?
• What are some examples of disabilities under the ADA?
• How is a disability defined within the Americans with Disabilities Act (ADA)?
• What major laws prohibit discrimination based on disability or handicap?
• Are mixed motive claims cognizable under the ADEA as they are under Title VII?
• Does it violate the ADEA for an employer to provide a date of birth question on an employment application?
• Can an employer establish mandatory retirement limits?
• My supervisor made comments like you’re too old for the job. Is that evidence of age discrimination?
• Can young people even those under 40 sue for age discrimination under state laws?
• Can a younger person in the protected class sue for age discrimination?
• What if an employer fires one employee who is 65 and replaces him or her with someone who is 47. Does this constitute age discrimination since both employees are over 40?
• How old must an employee be to qualify for protection under the ADEA?
• What sorts of employer actions can constitute unlawful retaliation?
• How does an employee prove retaliation?
• If an employee files both a sex or race discrimination claim and a retaliation claim, can the retaliation claim survive even if the underlying sex or race claim is dismissed?
• Does Title VI I’s retaliation clause protect an employee who participates not in a court proceeding or EEOC investigation but in an employer’s internal investigation of sexual harassment?
• What does Title VII say about retaliation?
• What is an example of a discrimination case involving religion in which it was ruled that the employer did not accommodate the employee adequately?
• If the employee establishes a prima facie claim, what must the employer do?
• How does an employee prove a claim of religious discrimination?