qualified individual with a disability

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A qualified individual with a disability is a term of art used by the Americans with Disabilities Act (ADA)A qualified individual with a disability is a person with a disability who meets the necessary skills, experience, education, and other job-related requirements of the position they hold or seek to hold, and can perform the essential functions of the position with or without a reasonable accommodation. Essentially this means that an individual should not be disqualified solely because of an inability to perform incidental job functions. 42 U.S.C. § 12111(8)

Rule: In employment law, no entity shall discriminate against a qualified individual with a disability with respect to the job application process, hiring, promotion, terminationcompensation, training, and other terms and conditions of employment42 U.S.C. § 12112(a)

In the context of public services: "[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.

Also termed as QUID

See also: 42 USC § 12111(8), U.S. v. Georgia, 546 U.S. 151 (2006)Americans with Disabilities Act (ADA)

[Last updated in April of 2022 by the Wex Definitions Team