Merely because an employee is a qualified individual with a disability doesn’t mean that he or she has a claim for disability discrimination. Those are just the preliminary ADA hurdles for the employee.

In order to establish a valid claim for ADA employment discrimination, the employee must also prove that he or she was terminated or subjected to other tangible adverse job action by the employer because of his or her disability. The elements, burden of proof, and burden-shifting analysis are akin to those in other types of employment discrimination claims. Proof of intentional discrimination is essential.

Additionally, a qualified individual with a known disability may have a separate ADA claim for an employer’s refusal to provide reasonable accommodation.