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The Americans With Disability Act

ADA Protects People With Disabilities

The Americans with Disabilities Act prohibits covered employers from discriminating against a qualified individual on the basis of disability with regard to the terms and conditions of employment such as hiring, promotion, salary and wages, training and termination.

The ADA requires an employee to show that he or she is disabled; is a qualified individual; and was subjected to unlawful discrimination because of his or her disability. A qualified individual is an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position.

The courts will consider the employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, the description shall be considered evidence of the essential functions.

Thus, in a recent decision it was held that an applicant who lacked the required state professional license was not a qualified individual and thus his claim for alleged ADA discrimination failed.