Checklist: Investigating Disability Discrimination

The following checklist was developed by David K. Fram, Director of EEO and ADA Training, National Employment Law Institute. It provides the most important questions to ask and information to be gathered when investigating a charge of disability discrimination.

Does the individual have the required skill, education, and experience for the job, and does the person meet other job-related requirements? Yes No

If no, discuss.

What are the "functions" of the job (as distinguished from the ways of performing those functions)?

What are the "essential" functions of the job?

What evidence or documentation supports this determination?

Employer's judgment

Written job description

Amount of time spent performing function

Consequences of not performing function (Discuss)

Terms of collective bargaining agreement (Discuss)

Experience of current employees in position

Experience of past employees in position

Nature of work operation (Discuss)

Organizational structure (Discuss)

Other (Discuss)

What are the "marginal" functions of the job?

What evidence or documentation supports this determination?

Can the individual perform the essential functions of the position, either with or without a reasonable accommodation? Yes No

If yes, does the individual need a reasonable accommodation? Yes No

Does the individual claim to being denied the position because of a qualification standard that screens the person out because of a disability? Yes No

If yes, what is the qualification standard at issue? (Describe)

Why does the individual claim the disability keeps him or her from meeting the qualification standard? (Describe)

If the qualification standard screens out the individual with a disability is it "job-related and consistent with business necessity" (i.e., is it necessary to perform an essential function of the job or to prevent direct threat)? (Discuss)