Proving a case under the ADA or the Rehabilitation Act is a much more technical process than proving a case under Title VII because it is not always obvious whether or not an employee or a job applicant is actually “disabled.” The same is not as true of the classes protected by Title VII: gender, race, and color are usually readily apparent from a person’s appearance. A person can also usually prove without serious dispute their religion and national origin. Additional concepts critical to ADA cases but not to most Title VII cases, such as “reasonable accommodation” and “undue hardship,” are not only subjective but vary in meaning depending on the facts of each particular case.
To prove a case for discrimination based on disability, the individual claiming discrimination must meet each criteria to prove the case. These criteria are essentially as follows:
a) Is the individual “disabled,” as defined in the ADA? Does she have an impairment that substantially limits a major life activity?
b) Apart from her disability, is the individual qualified for her position with the employer?
c) If the individual is only qualified for her position with the employer through the employer providing her with an accommodation, is the accommodation reasonable or does it impose an undue hardship on the employer?
d) Has the individual suffered an adverse employment action?
A more detailed discussion of what needs to be determined to answer each of the above questions is presented below. See also http://www.eeoc.gov/types/ada.html