What Does It Mean to be Qualified?
Protections under the ADA are afforded to qualified individuals with disabilities. The definition of “qualified” has two forms.
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For determining participation in programs, services and activities, a person is qualified if the person meets the essential eligibility requirements for the receipt of services or participation in programs.
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For purposes of employment, a person is qualified if the person is able to perform the essential functions of the job with or without reasonable accommodation.
The "essential eligibility requirements" for participation in many activities is minimal. Most public entities provide information about their programs, activities, and services upon request. In such situations, the only "eligibility requirement" for receipt of such information would be to request it. Under other circumstances, the "essential eligibility requirements" may be more specific.
Example
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A state agency organizes a job placement event for young adults ages 18-21. I.R. is 25 and is hard of hearing. I.R. wants to attend, but I.R. does not meet the essential eligibility criteria concerning age.
Title II regulation 28 § 35.104
Definitions:
Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.
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