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.

Related Resources

Articles (50) Blogs (100) News (449) Webinars (4) Fact Sheets (35) Infographics (187)

Articles

Blogs

Pages

News

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

Help America Vote Act
Social media banner from the Northeast ADA Center with an image of a sandwich board sign. The sign says Vote Here, and it shows an American flag and a universal accessibility symbol. “If I have a disability, what does the Help America Vote Act of 2002 provide for me? A polling site must have a voting machine that provides an equal chance for me to vote privately and independently.” Voter
ADA and accessible voting
Social media banner from the Northeast ADA Center showing people with disabilities in a gym; one of them holds a sign that says vote. Big text over the image says: “What does the Americans with Disabilities Act say about voting? Title II of the ADA requires state and local governments to make their programs accessible to people with disabilities through physical access and reasonable modifications. They must also provide auxiliary aids and services.” Voter
Accessible polling sites for voters
Social media banner from the Northeast ADA Center that consists primarily of large text. The text says: “Do polling sites need to be accessible for people with disabilities? Federal election polling sites must be physically accessible, or if this is not possible, a site must offer other ways of casting a ballot. This requirement is from the Voting and Accessibility for the Elderly and Handicapped Act of 1984.
Assistance to cast a vote
Social media banner from the Northeast ADA Center that consists primarily of large text. The text says: If I have a disability, can I have assistance to cast my vote? The Voting Rights Act of 1965 permits a voter to have someone help them while voting. The only person not allowed to help is their employer, or an agent of their employer or union.
Essential Job Function
Social media graphic with a of a warehouse worker driving a cart. The text says: What is an essential job function under Title I of the ADA? It’s a job task central to a position that the employee must be able to perform with or without an accommodation.