Your employer can terminate you if you cannot perform the essential functions of the job with or without an accommodation. I don’t understand the “without an accommodation”piece. If the employee could perform a job without an accommodation, they wouldn’t ask for an accommodation.

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First - the ADA requires. reasonable accommodation. Not everyone is entitled to an accommodation or meets the definition of disabled. hence the with or without language of the law.

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The focus should be on “with or without an accommodation,” meaning that regardless of whether an accommodation is provided or not, if you can’t perform the essential functions, the employer can terminate you.

I think you are interpreting “with or without” as if there are two scenarios, one that the accommodation is provided AND another that the accommodation is not provided. But, here “with or without” is more like “irrespective of” or “regardless of”.

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The key is what is an “essential function” of the job.

So if your a surgeon and your in an accident and go blind, you can’t perform the essential function “cutting someone open and doing a surgery” of a surgeon job with or without a reasonable accommodation because you can’t see. So you don’t qualify for the interactive process to identify a reasonable accommodation.

What everyone else has said is right, but it can be explained much simpler. I’m not even a L&E lawyer I’m general lit.

It’s “or” not “and”. Read it again with that in mind; simple statutory construction interpretation.

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