Answer to Question 1
Answer: Congress enacted the Americans with Disabilities Act (ADA) to reduce or eliminate serious problems of discrimination against disabled individuals. Under the ADA, the individual must have the requisite skills, educational background, and experience to perform the job's essential functions. A job function is essential when it is the reason the position exists or when the function is so specialized that the firm hired the person doing the job for his or her expertise or ability to perform that particular function. If the disabled individual can't perform the job as currently structured, the employer is required to make a reasonable accommodation, unless doing so would present an undue hardship. The ADA does not require job descriptions, but it's probably advisable to have them. Virtually all ADA legal actions will revolve around the question, What are the essential functions of the job? Without a job description that lists such functions, it will be hard to convince a court that the functions are essential to the job.
Answer to Question 2
Answer: TRUE
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