A qualified person with a disability is an artistic term used by the Americans with Disabilities Act (ADA). A qualified person with a disability is a person with a disability who has the skills, experience, training and other job-related requirements required for the position they hold or intends to perform and who can perform the essential duties of the position with or without reasonable accommodation. Essentially, this means that a person should not be disqualified solely because of their inability to perform random job duties. 42 U.S.C. § 12111(8) Rule: Under labor law, no company may discriminate against a qualified person with a disability with respect to the application process, hiring, promotion, termination, compensation, training, and other terms and conditions of employment. 42 U.S.C. Paragraph 12112(a) The third part of the definition protects persons who are considered and treated as a significantly limiting disability, even if they do not have such a disability. For example, this provision would protect a severely disfigured qualified person from refusal of employment because one employer fears the “negative reactions” of others. The second part of the definition would include, for example, a person with a history of cancer who is currently in remission, or a person with a history of mental illness. The decision on appropriate accommodation must be based on the particular circumstances of the case.
When choosing the particular type of reasonable accommodation, the main criterion is effectiveness, i.e. whether the accommodation allows the person with a disability to perform the work in question. FAQs: Can an employer maintain existing production and performance standards for an employee with a disability? Federal laws on non-discrimination against persons with disabilities use a similar definition of a “qualified” person with a disability. While the exact wording of each definition may vary from regulation to regulation, the essential meaning of the term remains the same. The following list explains where the definition of “qualified” person with a disability can be found in the regulations for each of the statutes listed. A “qualified person with a disability” with respect to services is a person with a disability who meets the relevant eligibility requirements to receive such allowances, benefits and services. See also: 42 U.S.C. § 12111(8), U.S. v. Georgia, 546 USA 151 (2006), Americans with Disabilities Act (ADA) With respect to public services: “A person with a disability who, with or without appropriate changes to rules, policies or practices, the removal of barriers to architecture, communication or transportation, or the provision of assistive devices, meets the essential eligibility criteria to receive services or participate in programs or activities. a public body. 42 U.S.C.
Section 12131(2) A “qualified person with a disability” in the context of employment or employment-related training is a person with a disability who meets the job requirements of the position he or she holds or is applying for, or the conditions for participation in training, and who, with or without reasonable accommodation, can perform the essential occupational duties of that position or position. Execute the training program. The first part of the definition makes it clear that the ADA applies to people who have significant impairments, as opposed to minor impairments, and that these must be impairments that limit important life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, grooming and working. A person with epilepsy, paralysis, significant hearing or visual impairment, intellectual disability or learning disability would be covered, but a person with a minor, non-chronic condition of short duration, such as sprain, infection or broken limbs, would generally not be covered. A qualified person is a person who meets the legitimate requirements of skills, experience, education or other requirements of a position they hold or aspire to and who can perform the essential duties of the position with or without reasonable accommodation. The requirement to perform “essential” duties ensures that a person with a disability is not considered unqualified simply because they are unable to perform marginal or random job duties. If the person is qualified to perform essential occupational duties other than disability limitations, the employer must assess whether the person can perform these duties with reasonable accommodation. If a written job description was prepared prior to the job advertisement or interview with candidates, it is considered proof, albeit inconclusive, of the essential duties of the position.
Other federal statutes use the same or virtually the same definition in terms of assistance, services or training. See the exact regulatory text for the following applicable regulations: FAQ: Can an employer be required to assign an essential function of a workplace to another employee as a reasonable accommodation? The contents of this document have no force of law and are not intended to bind the public in any way. This document is intended solely to provide the public with clarification of existing legislative or public policy requirements. In addition, the employment practices of state and local governments of all sizes fall under Title II of the Anti-Dumping Agreement, which enters into force on 26 January 1992. The standards to be applied under Title II in determining whether there is discrimination in the workplace depend on whether the public body concerned is also covered by Title I. From 26 July 1992, the standards provided for in Title I apply where the public body is covered by Title I. If this is not the case, the standards of section 504 of the Rehabilitation Act apply. From January 26, 1992, the date of entry into force of Title II, to July 26, 1992, the date of entry into force of Title I, public bodies were subject to the standards of Article 504. This technical assistance document was issued with the permission of the Chairman of the United States Equal Employment Opportunity Commission.