Discrimination Requires Disability

An employer was accused of handicap discrimination. A jury decided the plaintiff was not a qualified handicapped person, but found the employer guilty of discrimination. The court entered judgment in favor of the defendant as the law only requires employers to engage in the interactive process of accommodation with qualified handicapped employees.

Why This Is Important

The interactive process required by the ADA only applies to qualified handicapped people, i.e., a person who can perform the essential functions of the job if accommodated.