Is an employee's status as a qualified individual with a disability an element of the prima facie claim for discrimination or failure to provide a reasonable accommodation?
California, United States of America
The following excerpt is from Prock v. Tamura Corp. of Am., E054185 (Cal. App. 2013):
The employee's status as a "qualified individual with a disability," i.e., one who is able to perform the essential functions of his or her job, either with or without reasonable accommodation, is an element of the plaintiff's prima facie claim for discrimination or failure to provide a reasonable accommodation. (Green v. State of California (2007) 42 Cal.4th 254, 260-264.)
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