Legal Memorandum: Qualified Individual and Essential Job Function

Issue: Under the federal Americans with Disabilities Act, who is a ‘qualified individual’ and what is an "essential job function"?

A "qualified individual with a disability" within the meaning of 42 U.S.C. §12112 TA l "42 U.S.C.A. §12112" s "42 U.S.C.A. §12112" c 2 (a) is defined as "an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." 42 U.S.C. §12111 TA l "42 U.S.C.A. §12111" s "42 U.S.C.A. §12111" c 2 (8). "A disabled individual, however, is not ‘qualified’ for a specific employment position if he or she poses a ‘direct threat’ to the health or safety of others which cannot be eliminated by a reasonable accommodation." Mauro v. Borgess Medical Center, 137 F.3d 398, 402 (6^th Cir.1998) (citing 42 U.S.C.A. §12111(3) TA l "Mauro v. Borgess Medical Center, 137 F.3d 398, 402 (6^th Cir.1998) (citing 42 U.S.C.A. §12111(3)" s "Mauro" c 1  and Doe v. Univ. of Maryland Medical System Corp., 50 F.3d 1261, 1265 (4^th Cir. 1995) TA l "Doe v. Univ. of Maryland Medical System Corp., 50 F.3d 1261, 1265 (4^th Cir. 1995)" s "Doe" c 1 ).  Furthermore, the "’direct threat’ standard applied in the Americans With Disabilities Act is based on the same standard as ‘significant risk’ applied by the Rehabilitation Act."  Id. […]