Step 1: A plaintiff must prove that he or she was disabled within the meaning of the ADA. A person is classified as being disabled (and therefore covered under the ADA) if the person:
1.) has a physical or mental impairment that substantially limits one or major life activities
2.) has a record of such impairment
3.) is regarded as having such impairment (perceived to be impaired).
42 U.S.C.A. § 12101
Step 2: An employee must then show
1.) Employer is covered under the ADA
2.) Employee suffers from or is regarded as suffering from a disability within the meaning of the ADA.
3.) He was qualified to perform essential job functions of his job, with or without reasonable accommodation and
4.) He suffered adverse employment action because of a disability or a perceived disability.
42 U.S.C.A. § 12101
Step 3: Once the employee has shown he is qualified, he must show his qualifications with or without the reasonable accommodations. Once this act is accomplished, the burden of proof shifts to the employer. The employer must show that the employee's accommodations would place an undue hardship on the business.
42 U.S.C.A. § 12112 (a)
Step 4: In order to establish a prima facie case that he or she was entitled to a reasonable accommodation under the Americans with Disabilities Act, a plaintiff must establish five elements.
1.) The first element that the plaintiff must show is that he or she is an individual who has a disability within the meaning of the statute.
2.) Second, the plaintiff must establish that the employer is covered by the statute.
3.) The third element the plaintiff must prove is that the employer had notice of the employee's disability.
4.) Fourth, the plaintiff must demonstrate that he or she could perform the essential functions of the position with reasonable accommodation.
5.) The fifth element the plaintiff must show is that the employer has refused to make such an accommodation.
42 U.S.C.A. § 12112 (a), (b)(5) (A).
Step 5: Preponderance of the Evidence Standard: To establish claim under ADA, plaintiff must prove three factors by preponderance of evidence:
(1) she was disabled within meaning of ADA;
(2) she was qualified to perform job's essential functions, either with or without reasonable accommodation; and
(3) employer took adverse employment action against her because of alleged disability.
42 U.S.C.A. § 12112 (a)
