How to Determine If An Individual is Qualified:

The Equal Employment Opportunity Commission (EEOC) has stated that determining whether an individual with a disability is "qualified":

Is made at the time of the employment decision

Is based upon the ability to perform the essential job functions (with or without accommodations)

Cannot be based on concerns that the employee may become unable to perform essential job functions in the future or might cause increased health insurance or worker's compensation premiums;

Cannot be based upon stereotypes or speculation about the person's disability; and

Must be made based upon valid medical evidence and on an individualized determination of whether a particular candidate is qualified to perform a particular job