Navigating Employment Rights: What It Means to Be a “Qualified Individual with a Disability”

The Americans with Disabilities Act (ADA) is a landmark civil rights law designed to protect individuals with disabilities from discrimination in the workplace and other areas of public life. For this protection to apply in an employment context (Title I of the ADA), an individual must first meet a critical threshold: they must be a “qualified individual with a disability” (QID).

This legal term is the key that unlocks the ADA’s protections, including the right to a reasonable accommodation. For both employers seeking compliance and employees seeking protection, understanding this specific definition is paramount.

The Two-Part Test for a Qualified Individual

A “qualified individual with a disability” is a term of art used by the ADA, defined as a person with a disability who satisfies the job-related requirements and can perform the essential functions of the position, with or without a reasonable accommodation.

Courts and the Equal Employment Opportunity Commission (EEOC) generally apply a two-part inquiry to determine if an employee or applicant is a QID:

This framework ensures that an individual cannot be considered unqualified simply because they are unable to perform job duties that are marginal or incidental to the position.

Defining “Essential Functions”

The concept of “essential functions” is central to the ADA’s protections. These are the basic job duties that an employee must be able to perform, as they are fundamental to the position—the core reason the job exists.

Determining whether a function is essential involves several factors, not just the employer’s label:

• The employer’s judgment regarding which functions are essential.
• Written job descriptions prepared before advertising or interviewing for the job.
• The amount of time spent performing the function.
• The consequences of not requiring the employee to perform the function.
• Whether the position exists specifically to perform that function.
• The experience of current or past employees in that role.

The Mandatory Step: Reasonable Accommodation

If an individual meets the definition of a QID but requires assistance to perform the essential functions, the ADA mandates that the employer provide a reasonable accommodation, unless doing so would cause an undue hardship.

A reasonable accommodation is any modification or adjustment to the application process, the job itself, or the work environment that allows a QID to perform the essential functions of the job and enjoy equal employment opportunities.

Examples of Reasonable Accommodations:

Category	Example Accommodation
Work Schedule/Location	Flexible work schedules, providing a telework option, or modifying a part-time schedule.
Physical/Structural	Making existing facilities accessible, providing reserved parking, or improving accessibility in a work area.
Equipment/Tools	Acquiring or modifying equipment (e.g., screen readers), or providing qualified interpreters/readers.
Job Modification	Job restructuring, changing how a function is performed, or reassignment to a vacant position.

Summary: Protecting the Qualified Employee

Navigating the ADA requires a precise understanding of its core terminology. The protections offered by the law hinge on whether the individual can demonstrate that they are a QID. For employers, maintaining clear, pre-written job descriptions is vital, as is engaging in the “interactive process” once an accommodation is requested.

Key Takeaways for Compliance and Protection:

1. The term QID means satisfying job prerequisites and performing essential functions with or without accommodation.
2. Essential functions are fundamental job duties and are determined by various factors, including the employer’s judgment and job descriptions.
3. Employers must engage in an interactive process to find an effective reasonable accommodation, unless it presents an undue hardship.
4. Reasonable accommodation is a broad concept covering changes to the job environment, schedule, equipment, and even reassignment.

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Frequently Asked Questions (FAQ)

1. What is the definition of a “disability” under the ADA?

The ADA defines an individual with a disability as 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. Major life activities include functions like walking, seeing, hearing, learning, and working.

2. Does an employer have to remove an essential job function as an accommodation?

No. An employer is generally not required to remove or eliminate an essential job function as a reasonable accommodation. If a QID cannot perform an essential function, even with accommodation, they may not be considered qualified for that position. The focus is on finding a way to perform the existing essential functions.

3. What is an “undue hardship”?

Undue hardship is an exception to providing an accommodation. It refers to an action that requires significant difficulty or expense for the employer. Examples of things that are considered undue hardship include eliminating primary job responsibilities or granting greater paid leave to one employee over others. This determination is made on a case-by-case basis.

4. What is the “interactive process”?

The interactive process is a required, flexible, informal discussion between the employer and the employee (or applicant) to identify the precise limitations caused by the disability and explore potential effective reasonable accommodations. The employee does not have to use specific phrases like “ADA” or “reasonable accommodation” to trigger this process.

5. Which title of the ADA covers employment?

Title I of the Americans with Disabilities Act covers employment and employment-related training for employers with 15 or more employees.

If you are an employer reviewing an accommodation request or an individual seeking to understand your rights, speaking with a Legal Expert who specializes in the Americans with Disabilities Act and employment law is the most reliable step to ensure you are compliant with or protected by the latest regulations and case law.

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