The Americans with Disabilities Act of 1990 (ADA) provides protection against discrimination based on disability and ensures that employers and other entities of public accommodation provide equal opportunities and access to individuals with a disability.
Under the ADA, a “qualified individual with a disability” is someone who can meet the qualifications and skills necessary to do a job, despite any physical or mental disability they may have.
In order to be considered a “qualified individual with a disability,” an individual needs to meet all qualifications for a job, including skills, experience, education, and other job-related requirements. The individual must also be able to meet the job’s essential functions with or without reasonable accommodation.
A reasonable accommodation is a modification or adjustment to a job, job application, or work environment which enables a qualified individual with a disability to have equal access and opportunity to apply for a job, perform job duties, or have an equal opportunity to advance. Examples of reasonable accommodations include:
- accessible work spaces
- specialized job or testing modifications
- permitting the use of service animals
- time off for medical treatments
The purpose of the protections under the ADA is to ensure that individuals with a disability are judged on their abilities rather than their disabilities. No employer is legally allowed to discriminate against a qualified individual based on disability. This means that employers who are hiring must provide equal employment opportunities and access to qualified individuals with a disability, and must provide access to reasonable accommodations if needed.
The ADA has redefined what it means to be a “qualified individual with a disability” and continues to ensure that individuals with disabilities are given fair and equal access to the workforce.