Who Is Protected by Title I?

Technical assistance manual on the employment provisions (Title I) of the Americans With Disabilities Act

I. TITLE I: AN OVERVIEW OF LEGAL REQUIREMENTS

The ADA prohibits employment discrimination against "qualified individuals with disabilities." A qualified individual with a disability is:

an individual with a disability who meets the skill, experience, education, and other job–related requirements of a position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of a job.

To understand who is and who is not protected by the ADA, it is first necessary to understand the Act’s definition of an "individual with a disability" and then determine if the individual meets the Act’s definition of a "qualified individual with a disability."

The ADA definition of individual with a disability is very specific. A person with a "disability" is an individual who:

• has a physical or mental impairment that substantially limits one or more of his/her major life activities;
• has a record of such an impairment; or
• is regarded as having such an impairment.

(See Chapter II.)