WHAT IF YOU CAN PERFORM YOUR ESSENTIAL DUTIES WITHOIUT ACCOMMODATION
An employee admitted under oath that he could perform the essential duties of his position without a disability accommodation. So, it was no surprise when the Federal District Court held that he was not entitled to an accommodation. But it was a surprise when the Federal Court of Appeals ruled that even employees able to do the essential duties without an accommodation can be entitled to the accommodation nonetheless.
The court noted that 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.” It then wrote, “Under a straightforward reading of the phrase ‘with or without,’ the fact that an employee can perform her job responsibilities without a reasonable accommodation does not mean that she must: she may be a ‘qualified individual’ entitled to reasonable accommodation even if she can perform the essential functions of her job without one.”
So, if you or one of your members are in a similar situation, don’t give up all hope for getting the accommodation. In this case, Tudor, a teacher, was able to teach without any accommodation, but due to PTSD needed occasional breaks to deal with the disorder when it peaked. He now gets th4em once again. For more details, check out Tudor V. Whitehall Central School District (2nd. Cir. 2025)
