A term of art used as follows by the Americans with Disabilities Act:
Definition: "[A]n individual 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).
Rule: "No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment." 42 U.S.C. § 12112(a).
2) Public services:
Definition: "[A]n individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity." 42 U.S.C. § 12131(2).
Rule: "[N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." 42 U.S.C. § 12132.
See, e.g. U.S. v. Georgia, 546 U.S. 151 (2006).
Definition from Nolo’s Plain-English Law Dictionary
Under the Americans with Disabilities Act, an individual with a disability who has the necessary skill, education, experience and other job-related requirements to perform the essential functions of a position.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:22 pm