Orange County Employment Lawyer

What is a Qualified Individual?

According to the Americans with Disabilities Act of 1990, a covered entity cannot discriminate against any qualified individual who has a disability. This is meant to ensure that no person who has a disability loses any opportunities that he or she would otherwise have.

However, it is important to know who a qualified individual is. This does not only apply to disabled persons, but all persons. Employers are not allowed to discriminate against any qualified individual for any reason. This includes:

• Disability status
• Age
• Sex
• Race
• Religion

This does not, however, mean that the employer must hire someone who is not qualified for the position. This would completely defeat the purpose of all legislation that applies to discrimination as it would be a form of reverse discrimination.

For this reason, it is important to understand who a qualified individual is. In order to be a qualified individual, you must meet all of the criteria put forth by an employer to successfully perform a job. If a person has a disability, they are not precluded from meeting these criteria, as the employer must provide reasonable accommodation for that person.

The qualified individual must also be a person who does not engage in illegal drug use if that is a basis on which the employer chooses candidates.

Speak with an Orange County Employment Attorney

If you believe that you meet all of the criteria necessary for a job, but were discriminated against by either an employer or prospective employer, contact the Orange County employment attorney, Perry Smith at 888.356.2529.