Who is a “qualified individual with a disability?
A. A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation. Requiring the ability to perform “essential” functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job.
A qualified individual with a disability under the ADA and FEHA is an individual who (a) satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and (b)who can perform the essential functions of such position, with or without reasonable accommodation. This standard requires a person to meet all requirements for the job that are job related and consistent with business necessity. The essential functions of a job are the fundamental job duties of the employment position the individual with a disability holds or desires, but does not include the marginal functions of the position.
A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the “essential functions” of the position with or without reasonable accommodation. Requiring the ability to perform “essential” functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job.
A. A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the “essential functions” of the position with or without reasonable accommodation. Requiring the ability to perform “essential” functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job.
A qualified individual with a disability is a person who possesses the skills, experience, education or other requirements for a job and can perform the essential functions of that job with or without reasonable accommodation. If the individual is qualified to perform essential job functions except for limitations set forth by the disability, the employer must consider whether the individual could perform these job functions with a reasonable accommodation.
