Qualified Individual with Disability under the ADA

March 15, 2006

Who is a qualified individual with a disability for employment purposes under the ADA?

To be protected by the ADA, a person must not only be an individual with a disability, but must also be a “qualified individual.” The regulations define a qualified individual as a person with a disability who:

"satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position."[EEOC Technical Assistance Manual (TAM) I-2.3]

An employer is not required to hire or retain an individual with a disability who is not qualified to perform a job.

Disclaimer

The Southeast Disability and Business Technical Assistance Center (DBTAC) is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the Americans with Disabilities Act (ADA) under Grant #H133D010207. However, you should be aware that NIDRR is not responsible for enforcement of the ADA For more information or assistance, please contact the Southeast DBTAC via its web site at www.sedbtac.org or by calling 1-800-949-4232 (TTY/voice).