In order to prove the claim for discrimination based on denial of an accommodation, plaintiff must demonstrate that: (1) plaintiff is an "otherwise qualified individual with a disability," i.e., able to perform the essential functions of the job in question with or without reasonable accommodation; and (2) if a reasonable accommodation is necessary, that the denial of the accommodation was made in a discriminatory fashion. See Myers v. Hose, 50 F.3d 278, 281-82 (4th Cir. 1995); see also Southeastern Community College v. Davis, 442 U.S. 397, 406, 99 S. Ct. 2361, 2367, 60 L. Ed. 2d 980 (1979); Tyndall v. National Educ. Ctrs., Inc., 31 F.3d 209, 212-13 (4th Cir. 1994); 42 U.S.C. §§ 12111(8)-(10), 12112; 29 C.F.R. §§ 1630.1-.9. This determination is to be made by the Court on a "case-by-case" basis. See School Bd. of Nassau County v. Arline, 480 U.S. 273, 287, 107 S. Ct. 1123, 1130-1131, 94 L. Ed. 2d 307 (1987); Champ v. Baltimore County, 884 F. Supp. 991, 996 (D. Md. 1995).

Under the ADA, a "qualified" person is an individual "who, with or without reasonable accommodation, can perform the essential functions of the employment position." 42 U.S.C. § 12111(8). To make that determination, the Court conducts a two-part inquiry: (1) whether plaintiff can perform the essential functions of the job in question, and (2) if not, whether reasonable accommodations made by her employer would enable her to perform those functions. See School Bd. of Nassau County v. Arline, 480 U.S. 273, 287 n.17, 107 S. Ct. 1123, 1131 n.17, 94 L. Ed. 2d 307 (1987); Myers, 50 F.3d at 281-82. The regulations implementing the ADA define "essential functions" as "those functions that the individual who holds the position must be able to perform unaided or with the assistance of a reasonable accommodation." 29 C.F.R. § 1630.2(n). Essential functions are "fundamental job duties," not "marginal functions" of an employment position. Id.

The "reasonable accommodation" question asks whether the accommodation: (1) would be "effective," i.e., would it address the job-related difficulties presented by the employee's disability, 29 C.F.R. § 1630.2(o)(1)(i)-(ii); and (2) would allow the employee to attain an "equal" level of achievement, opportunity and participation that a non-disabled individual in the same position would be able to achieve, id. § 1630.2(o)(1)(iii).

An employer charged with discrimination for failure to make a reasonable accommodation under the ADA has several defenses available to it. The employer can attempt to demonstrate that: (1) the individual is not a "qualified individual with a disability," i.e., not disabled within the meaning of the ADA or lacking the skills or knowledge to perform the essential functions of the job even with accommodation, 42 U.S.C. § 12111(8); 29 C.F.R. § 1630.2(m); (2) the accommodation proposed is not a "reasonable accommodation," 42 U.S.C. § 12111(9); 29 C.F.R. § 1630.2(o); (3) a reasonable accommodation was offered to the employee, but she refused it and was unable to perform the essential functions of her job, 29 C.F.R. § 1630.9(d); or (4) although reasonable, the proposed accommodation would cause the employer an "undue hardship," 42 U.S.C. § 12112(b)(5)(A); 29 C.F.R. § 1630.9. Here, the defendant alleges that Mrs. Turner was not qualified in that she could not perform the essential functions, with or without accommodtions, and that the accommodations she sought (if she in fact sought any) were not reasonable.1

With respect to the final line of defense, mentioned above, "the term 'undue hardship' means an action requiring [the employer to undertake a] significant difficulty or expense...." 42 U.S.C. § 12111(10)(A). The analysis is closely related to a consideration of the "reasonable" nature of the accommodation sought. The "reasonableness" analysis seems to focus on the accommodation's affect on the employee's ability to do the work, while the "undue hardship" analysis focuses on the affect on the employer. They both involve a heavily fact-based inquiry.

Determination of whether an accommodation would cause an employer an "undue hardship" is informed by consideration of a number of statutory and regulatory factors, including:

(i) The nature and net cost of the accommodation needed under this part, taking into consideration the availability of tax credits and deductions, and/or outside funding;

(ii) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, and the effect on expenses and resources;

(iii) The overall financial resources of the covered entity, the overall size of the business of the covered entity with respect to the number of its employees, and the number, type and location of its facilities;

(iv) The type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of such entity, and the geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the covered entity; and

(v) The impact of the accommodation upon the operation of the facility, including the impact on the ability of other employees to perform their duties and the impact on the facility's ability to conduct business.

Id. See also 42 U.S.C. § 12111(10)(B).