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What is a Qualified Individual? A Legal Perspective
Definition & Meaning
The term qualified individual refers to a person who can perform the essential functions of a job, either with or without reasonable accommodations. This means that the individual has the necessary skills, experience, and abilities to fulfill the job's primary duties. Employers have some discretion in defining what constitutes essential functions, and a written job description created before hiring can serve as evidence of these functions.
Table of content
Legal Use & context
This term is commonly used in employment law, particularly in relation to the Americans with Disabilities Act (ADA). It helps determine whether an individual with a disability is eligible for certain protections and accommodations in the workplace. Understanding this term is crucial for both employers and applicants during the hiring process, as it affects job advertisements, interviews, and the implementation of accommodations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A software developer who is deaf applies for a position. The employer provides sign language interpretation during interviews and training, allowing the applicant to perform essential job functions effectively.
Example 2: An individual with a mobility impairment applies for a position that requires lifting heavy boxes. The employer may need to consider reasonable accommodations, such as providing assistive equipment, to enable the applicant to perform the job. (hypothetical example)
Relevant laws & statutes
The primary law governing the concept of a qualified individual is the Americans with Disabilities Act (ADA). This federal law prohibits discrimination against individuals with disabilities in various areas, including employment. Additionally, relevant case law, such as Chedwick v. Univ. Pittsburgh Med. Ctr., provides context on how courts interpret the definition of a qualified individual.
Comparison with related terms
Term
Definition
Difference
Qualified Individual
A person who can perform essential job functions with or without accommodations.
Focuses on job performance and necessary accommodations.
Disabled Individual
A person with a physical or mental impairment that limits major life activities.
Does not necessarily imply ability to perform job functions.
Reasonable Accommodation
Modifications or adjustments to a job or work environment.
Refers specifically to changes that enable a qualified individual to perform their job.
Common misunderstandings
What to do if this term applies to you
If you believe you qualify as a qualified individual, consider the following steps:
Review the job description to understand essential functions.
Determine what reasonable accommodations you may need to perform the job.
Communicate openly with potential employers about your qualifications and accommodation needs.
Explore US Legal Forms for templates that can assist you in documenting your needs or rights.
If you encounter difficulties, consider seeking professional legal advice.
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A qualified individual under the ADA is someone who can perform essential job functions with or without reasonable accommodations.
No, employers must provide reasonable accommodations, but they are not required to provide accommodations that cause undue hardship.
You can demonstrate your qualifications by showing that you can perform the essential functions of the job, possibly with accommodations.
If an employer refuses reasonable accommodations, you may want to seek legal advice or file a complaint with the Equal Employment Opportunity Commission (EEOC).