Legal Definitions - qualified individual with a disability

A qualified individual with a disability, often referred to as a QUID, is a key concept under the Americans with Disabilities Act (ADA). This term identifies a person with a disability who is protected from discrimination because they are capable of performing the fundamental requirements of a job or participating in a public service, either on their own or with some reasonable adjustments.

In the context of employment, a qualified individual with a disability is someone who possesses the necessary skills, experience, and education for a particular job and can perform its core duties, known as 'essential functions.' This capability must exist either without any special assistance or with a 'reasonable accommodation' provided by the employer. The law ensures that a person is not disqualified from a job simply because their disability prevents them from performing minor or non-essential tasks.

For public services, programs, or activities, a qualified individual with a disability is someone who meets the fundamental eligibility criteria for receiving those services or participating in those programs. They must be able to meet these criteria with or without reasonable changes to rules, removal of physical barriers, or the provision of support services.

Here are some examples illustrating this concept:

• Example 1 (Employment - Office Role): A highly skilled software developer uses a wheelchair. She applies for a position that requires coding, debugging, and participating in team meetings. The office building has an accessible entrance, but the standard desk provided is not high enough for her wheelchair. The company's policy is to assign desks based on seniority.

  This individual is a qualified individual with a disability. She possesses all the essential skills and experience for the software developer role. With a reasonable accommodation, such as providing an adjustable-height desk or modifying the existing one, she can perform all the essential functions of the job. Her inability to use a standard-height desk without adjustment, or the company's desk assignment policy, cannot be used to disqualify her.

• Example 2 (Public Services - Community Program): A person with a learning disability wants to enroll in a local library's adult education course on basic computer skills. The course typically requires participants to follow complex written instructions quickly and complete timed assignments.

  This individual is a qualified individual with a disability. They meet the essential eligibility requirement of wanting to learn computer skills. With reasonable modifications, such as providing instructions in a simpler format, allowing extra time for assignments, or offering one-on-one assistance during practice sessions, they can successfully participate in and benefit from the course. Their learning disability alone cannot exclude them from the program.

• Example 3 (Employment - Retail Position): A candidate with a severe allergy to a common cleaning product applies for a retail sales associate position. The job description lists "assisting customers with product inquiries" and "maintaining a clean and organized sales floor" as essential functions. The cleaning product is regularly used in the store.

  This individual is a qualified individual with a disability. They have the necessary skills to assist customers and perform most organizational tasks. While maintaining a clean sales floor is essential, the specific method of cleaning can be a reasonable accommodation. If the employer can switch to a hypoallergenic cleaning product or assign cleaning duties in a way that avoids exposure without undue hardship, the individual can perform the essential functions of the job. Their allergy does not inherently disqualify them from the role if reasonable adjustments can be made.