Qualified individual

The term qualified individual is used differently in different parts of the Americans with Disabilities Act (ADA):

  • Title 1: Title 1, which deals with employment, is concerned about discrimination against people who are qualified to do a job. The US Equal Employment Opportunity Commission (EEOC) uses specific language to describe how to tell whether someone is a qualified individual. Being qualified includes having the skills, experience, and background to meet a job’s requirements.
  • Title II and Title III: Title II covers state and local government (public entities), while Title III covers businesses and nonprofit organizations open to the public (public accommodations). Public entities and public accommodations must not discriminate against a person based on disability, so long as that person is otherwise qualified to benefit from, participate in, or access programs and services. For example, if a person must be a county resident to access the county’s social services, then a person with a disability must also be a county resident in order to gain access. In these cases, a qualified individual cannot be discriminated against based on a disability. This may require a reasonable modification to a practice or policy, using auxiliary aids or services for communication, removing physical barriers, or eliminating communication- or transportation-related barriers.

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Articles (49) Blogs (103) News (449) Webinars (4) Fact Sheets (35) Infographics (200)

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Webinars

  • Introduction to the Service Animal Toolkit
    07/27/2022- Do customers bring dogs into your business claiming they are service animals, emotional support animals, comfort dogs, or therapy dogs? Join Chris Sweet, technical assistant for the Northeast ADA Cent...
  • Northeast ADA Center Year in Review 2020
    01/28/2021- While COVID-19 was certainly one of the largest stories of 2020, other ADA items of note happened as well. Join the technical assistance team of the Northeast ADA Center as they review the year 2020....
  • ADA 101.2 Overview of Title I and Employment
    04/26/2021- This webinar is the third in the Northeast ADA's ADA 101 series. Intended for those new to the Americans with Disabilities Act or for those wanting a refresher, this webinar will focus on the employme...
  • ADA 101.1 Defining Disability
    03/26/2021- This presentation builds on the introduction to the Americans with Disabilities Act (ADA) given in the webinar ADA 101. Intended for those new to the ADA or for those wanting a refresher, this webinar...

Documents

Infographics

Small business - Putting the ADA into practice
Social media banner with a background image of a tattoo artist giving a tattoo to a customer. The text says: Everyone in a business—from the owner to frontline staff—should know about the ADA. They should also understand how to communicate respectfully with customers with disabilities respectfully and why that is good for business.
Small business - Provide a parking spot for everyone!
Social media banner with a background image an accessible parking sign. The text says: Providing accessible parking spaces creates a great first impression of your business. The opportunity to park in an accessible space, without a long trek to the entrance, makes all the difference. It fosters a feeling of inclusion, and it’s the law.
Small business - Communicating effectively with customers
Social media banner with a background image of a person using sign language. The text says: Communication about, from, and with your business must be clear for people with and without disabilities, including those with hearing, vision, or speech disabilities.
Small business - I thought my business was “grandfathered!”
Social media banner with a background image of a map of the United States. The text says: The ADA regulations allow a business in a building that pre-dates the ADA to improve accessibility at a reasonable pace and price, so there is no need for a “grandfathering” provision. This is called readily achievable barrier removal.
Small business - New construction brings great opportunities!
Social media banner with a background image of a café with shiny fixtures. The text says: The ADA Standards address common features in many businesses, including accessible dining surfaces, sales and service counters, dressing rooms, toilet rooms, entrances, routes throughout your business, parking, and more.