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Simple English definitions for legal terms
qualified individual with a disability
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A quick definition of qualified individual with a disability:
A qualified individual with a disability is someone who has a disability but can still do the important parts of their job with or without some help. They should not be treated unfairly because of their disability when they apply for a job, get hired, get promoted, or get fired. The same goes for when they use public services or participate in public programs. They should be able to do these things just like everyone else, with some help if needed.
A more thorough explanation:
A qualified individual with a disability is a term used in the Americans with Disabilities Act (ADA) to describe a person with a disability who has the necessary skills, education, experience, and other job-related requirements for a position they hold or want to hold. They can perform the essential functions of the job with or without reasonable accommodations.
For example, if a person with a hearing impairment applies for a job as a graphic designer, they should not be disqualified solely because they cannot hear. As long as they can perform the essential functions of the job, such as designing graphics, with or without reasonable accommodations, they are considered a qualified individual with a disability.
The ADA also applies to public services. A qualified individual with a disability, in this context, is someone who can meet the essential eligibility requirements for receiving services or participating in programs or activities provided by a public entity, 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.
For example, if a person with a mobility impairment wants to participate in a public park's hiking program, the park should make reasonable accommodations, such as providing a wheelchair-accessible trail or a guide, to allow the person to participate. If the park refuses to make these accommodations, they are discriminating against a qualified individual with a disability.
The ADA prohibits discrimination against qualified individuals with disabilities in all aspects of employment, including job application, hiring, promotion, termination, compensation, training, and other terms and conditions of employment. Public entities are also prohibited from excluding qualified individuals with disabilities from participating in or benefiting from their services, programs, or activities.