Are allemployees with disabilities protected by Title I of the ADA?
No. Only “qualified individuals with disabilities” are protected by Title I of the ADA. A qualfiied individual with a disability is an individual who is capable of performing the essential functions of the position desired or held with or without a reasonable accommodation. • Q: When is a person deemed to have a “disability” under Title I of the ADA? A: Title I of the ADA defines the term “disability” as one of the following: (1) having a physicial or mental impairment that substantially limits one or more major life activities; (2) having a record of such an impairment; or (3) being regarded as having such an impairment. • Q: Can employers require applicants for employment to submit to pre-employment medical examinations? A: Under the ADA, an employer’s ability to require medical examinations of applicants depends upon the particular phase of the pre-employment process. An employer cannot require an applicant to submit to a medical examination at any time prior to the time a condition
