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Employment Law

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The ADA creates a protected class called "qualified individuals with disabilities." Discuss what this phrase means and how one qualifies for protection.

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Solution Summary

The solution explains the meaning of the phrase "qualified individuals with disabilities" and how one qualifies for that type of protection under the American With Disabilities Act.

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A qualified individual with a disability refers to any individual who meets legitimate, skill, experience, education or other requirements of an employment position that he/she currently has or seeks and who can perform the essential functions of the position with or without special accommodations. Requiring the ability to perform the necessary functions assures that an individual with a disability will not be considered unqualified just because of the inability to perform marginal job functions. If the individual with a disability is qualified to perform the ...

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