The Americans with Disabilities Act (ADA) may require an employer to accommodate a disability even when an employee could perform the job without it. That is the upshot of the recent decision by the U.S. Court of Appeals for the Second Circuit in Tudor v. Whitehall Central School District. The ruling clarifies prior Second Circuit precedent and joins other circuits that hold “an employee with a disability is qualified to receive a reasonable accommodation under the ADA even if she can perform the essential job functions without one.” Read More