"Qualified individual with a disability" defined
Sec. 16. As used in this chapter, "qualified individual with a
disability" means an individual with a disability who, with or without
reasonable accommodation, can perform the essential functions of
the employment position that the individual holds or desires. For the
purposes of this chapter, consideration shall be given to 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 of the job.
As added by P.L.111-1992, SEC.4.
Last modified: May 27, 2006