Glossary > Employment Law > Employment Discrimination > Americans With Disabilities Act (ADA)

Qualified Individual With A Disability

A Qualified Individual with a Disability, under the Americans with Disabilities Act (ADA), is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment, and who meets the skill, experience, education, and other job-related requirements of a position they seek or hold.

Example #1

An individual who is deaf and uses sign language as their primary means of communication is considered a Qualified Individual with a Disability under the ADA.

Example #2

A person with a history of cancer who is in remission but still experiences limitations in certain activities due to the effects of treatment is also protected under the ADA as a Qualified Individual with a Disability.

Misuse

Misuse of the concept of Qualified Individual with a Disability can occur when an employer discriminates against a qualified individual based on assumptions or stereotypes about their abilities. For example, if an employer refuses to hire a candidate with a visual impairment, assuming they cannot perform certain job duties even though the candidate has the necessary skills and qualifications, it violates the ADA. It's crucial to prevent this misuse to ensure fair treatment and opportunities for all individuals with disabilities.

Benefits

One of the primary benefits of recognizing and protecting Qualified Individuals with Disabilities is creating a more inclusive and diverse workforce. By providing reasonable accommodations and access to employment opportunities, businesses can tap into a wider talent pool and benefit from the unique perspectives and skills that individuals with disabilities bring to the table. For example, a company that provides accessible workspaces and technologies for employees with mobility impairments not only ensures compliance with the ADA but also fosters a more welcoming and productive work environment for all employees.

Conclusion

Understanding who qualifies as a Qualified Individual with a Disability is essential for promoting equal employment opportunities and preventing discrimination in the workplace. By upholding the rights of individuals with disabilities and ensuring they have equal access to employment, businesses can create a more inclusive and fair working environment for everyone.

Last Modified: 4/30/2024