with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8). To determine whether Kaplan is a “qualified individual” we must resolve two issues: (1) whether Kaplan was able to perform the essential functions of the peace officer position at the time of his termination without an accommodation, and (2) whether Kaplan was entitled to reasonable accommodation to help him perform the essential job functions of a peace officer. A. We first address whether Kaplan could perform the essential job functions of a deputy marshal without accommodation at the time of his termination. See Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104, 1112 (9th Cir.2000) (<HOLDING>). We conclude that he could not. As a part of
holding that statements plaintiff made to obtain disability insurance were binding admissions that he could not perform the essential functions of his job holding an employee must be able to perform essential job functions at the time of termination holding that ada may obligate employer to reassign disabled employee who can no longer even with reasonable accommodation perform the essential functions of her job holding that employee who frequently missed work was not a qualified individual able to perform the essential functions of her job either with or without a reasonable accommodation as required to support disability discrimination and reasonable accommodation claims under the rehabilitation act holding that a must be cured or 100 healed policy is a per se violation of the ada because the policy does not allow a casebycase assessment of an individuals ability to perform essential functions of the individuals job with or without accommodation