Define: Qualified Individual With A Disability

Qualified Individual With A Disability
Qualified Individual With A Disability
Quick Summary of Qualified Individual With A Disability

A qualified individual with a disability refers to a person who meets the necessary skills, experience, education, and other job-related requirements for a particular position, and who also has a physical or mental impairment that substantially limits one or more major life activities. This individual is protected under the Americans with Disabilities Act (ADA) and may be entitled to reasonable accommodations in the workplace.

Qualified Individual With A Disability FAQ'S

A qualified individual with a disability refers to a person who meets the essential requirements of a job or activity and possesses the necessary skills and qualifications, despite having a disability.

The definition of disability varies depending on the legal framework being referred to. However, in general, a disability is a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, or learning.

Reasonable accommodations are modifications or adjustments made by employers or service providers to enable individuals with disabilities to perform their job or access services. These accommodations should not impose undue hardship on the employer or service provider.

No, an employer cannot ask about an applicant’s disability during the hiring process. The Americans with Disabilities Act (ADA) prohibits employers from making disability-related inquiries or requiring medical examinations before a job offer is made.

No, an employer cannot refuse to hire someone solely based on their disability. The ADA prohibits discrimination against qualified individuals with disabilities in all aspects of employment, including hiring, promotions, and termination.

An employer cannot fire an employee solely because of their disability. However, if the disability prevents the employee from performing essential job functions, even with reasonable accommodations, the employer may be able to terminate the employee.

No, public facilities must provide equal access to qualified individuals with disabilities. The ADA requires public facilities, such as restaurants, stores, and government buildings, to remove barriers and provide reasonable accommodations to ensure accessibility.

No, individuals with disabilities are protected from housing discrimination under the Fair Housing Act (FHA). Landlords and housing providers must make reasonable accommodations to allow individuals with disabilities to enjoy equal housing opportunities.

No, individuals with disabilities are entitled to equal educational opportunities under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. Schools must provide appropriate accommodations and support services to ensure equal access to education.

No, transportation services must provide equal access to individuals with disabilities. The ADA requires public transportation providers to make reasonable modifications and accommodations to ensure accessibility for individuals with disabilities.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 13th April 2024.

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