Disability Benefits / 7.21.2025

Disability Discrimination and the ADA: What “Otherwise Qualified” Really Means

The Americans with Disabilities Act (“ADA”) is the federal law that protects individuals with disabilities against discrimination, including discrimination in the workplace.
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    If you’re dealing with a disability at work, one of the most common questions is whether your employer has to keep you in your position or make changes to help you stay employed.

    Under the Americans with Disabilities Act (“ADA”), the answer often comes down to whether you are considered “otherwise qualified.” This is a key issue in many disability discrimination claims and one that employers rely on when defending their decisions.

    What Does “Otherwise Qualified” Mean Under the ADA?

    To be protected under the ADA in a workplace setting, you must be able to perform the essential duties of your job, with or without a reasonable accommodation.

    This definition has two parts. First, you need to meet the basic requirements for the job, such as education, experience, or certifications. Second, you must be able to carry out the core responsibilities of the position. Employers often focus on this second part when making decisions about hiring, termination, or accommodations.

    What Are “Essential Job Functions”?

    Not every task listed in a job description is considered essential. Some duties are central to the role, while others are secondary or rarely performed.

    Essential job functions are the primary duties that define the position. If you can perform these duties, you may still be protected under the ADA even if you cannot perform every single task listed. For example, if a job mainly involves administrative work but includes occasional physical tasks, the employer cannot automatically treat those physical tasks as essential without a closer look.

    How Employers Use Job Descriptions in ADA Cases

    Employers often rely on written job descriptions when deciding whether someone is “otherwise qualified.” These descriptions can carry weight, but they are not the final word.

    What matters is how the job is actually performed in practice. If a duty is rarely required or could be reassigned without disrupting operations, it may not qualify as essential.

    This is where many disputes arise. Employees may feel they can still do their job, while employers point to written requirements to justify their decisions.

    Reasonable Accommodations and Your Ability to Work

    A key part of the ADA is the concept of reasonable accommodation. This means adjustments that allow you to perform your job despite a disability.

    Examples of accommodations can include modified duties, adjusted schedules, assistive equipment, or temporary changes during recovery.

    If an accommodation would allow you to handle the essential functions of your role, your employer may be required to consider it. Ignoring or dismissing reasonable options can raise serious legal issues.

    Common Situations Where “Otherwise Qualified” Becomes an Issue

    Many people start looking into disability discrimination after something changes at work. These are some of the situations that often lead to questions about ADA protections:

    • Being placed on leave after requesting an accommodation
    • Being told you can no longer perform your job despite doing it successfully before
    • Having job duties suddenly redefined after a medical condition is disclosed
    • Being terminated after returning from medical leave
    • An employer refusing to discuss possible adjustments to your role

    These situations often involve disagreements about what duties are truly essential and whether accommodations were considered fairly.

    What You Can Do If Your Employer Questions Your Ability to Work

    If your employer claims you are not able to perform your job, it’s important to be prepared with clear information about your abilities and limitations.

    Helpful steps can include:

    • Keeping copies of job descriptions and any updates to your role
    • Saving medical documentation that outlines your work restrictions
    • Documenting conversations about accommodations or changes in duties
    • Noting how your job was performed before and after your condition

    These details can make a difference when evaluating whether an employer acted appropriately under the ADA.

    How Disability Discrimination Cases Are Evaluated

    These cases often come down to facts and documentation. Courts and agencies will look at how the job functions in reality, not just what is written on paper.

    They also consider whether the employer made a genuine effort to explore reasonable accommodations and whether the employee could perform the core duties with those adjustments.

    Even small details, like how often a task is performed or whether others share the responsibility—can affect the outcome.

    When to Talk to a Maryland Disability Discrimination Lawyer

    If you’ve been denied accommodations, pushed out of your role, or terminated after disclosing a medical condition, it may be time to take a closer look at your situation.

    The team at Lebau & Neuworth represents employees across Baltimore, Maryland, and the DC Metro area in ADA and workplace discrimination matters. We work closely with clients to understand what happened, review employer actions, and build strong, fact-based claims.

    If you believe your employer used job requirements or “essential functions” to justify unfair treatment, contact Lebau & Neuworth to discuss your situation and explore your options.

    Final Thoughts on ADA Protections in the Workplace

    The idea of being “otherwise qualified” can feel unclear, especially when employers control job descriptions and expectations.

    But the law looks beyond labels and focuses on what the job actually requires and whether reasonable adjustments could make continued work possible.

    If your ability to work has been questioned after a disability or medical condition, it’s worth taking a closer look at whether your rights under the ADA are being respected.

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