An otherwise qualified person is an individual who can fulfill all requirements of a program or activity despite having a disability. This term emphasizes the abilities and qualifications of the individual, rather than their disability, highlighting their capacity to participate fully in various programs.
The term "otherwise qualified person" is often used in legal contexts related to disability rights, particularly under laws like the Americans with Disabilities Act (ADA). It applies in various areas, including:
This term is crucial for understanding how individuals with disabilities can access services and opportunities. Users can benefit from legal templates provided by US Legal Forms to navigate these situations effectively.
Here are a couple of examples of abatement:
Example 1: A person with a visual impairment applies for a job that requires reading documents. They may be considered an otherwise qualified person if they can perform the job with the aid of assistive technology.
Example 2: A student with a learning disability who meets all academic requirements for a scholarship program may still be classified as an otherwise qualified person, provided they receive necessary accommodations (hypothetical example).
Key laws related to the term "otherwise qualified person" include:
These laws protect the rights of individuals with disabilities and outline the criteria for being considered otherwise qualified.
| State | Key Differences |
|---|---|
| California | Strong protections under state law, including additional accommodations. |
| New York | Specific provisions for public accommodations and employment. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Qualified Individual | A person who meets the necessary qualifications for a position or program. | Does not specifically address disabilities. |
| Disabled Person | An individual with a physical or mental impairment. | Focuses on the disability rather than qualifications. |
If you believe you qualify as an otherwise qualified person, consider the following steps:
US Legal Forms offers templates that can help you draft necessary documents to assert your rights.
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by service or program |
| Jurisdiction | Federal and state laws |
| Possible Penalties | Legal action for discrimination |