“Major life activities” includes, but is not limited to functions such as, caring for oneself, performing manual tasks, walking, seeing, speaking, breathing and learning. A person who qualifies as having a disability under the ADA, must also show that he or she can perform the essential functions of the position with or without reasonable accommodation.

In cases where the employee asserts that he can perform the job without accommodation and has no direct evidence of discrimination, Courts often impose a shifting burden on the employee and employer. First, the employee must prove that he or she is a member of a protected class and has suffered an adverse employment decision.

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