Answer to Question 1
Qualified Individual with a disability means an individual with a disability who is able to perform, with reasonable accommodation, the requirements of the job in question, despite the disability. The ADA and the Rehabilitation Act impose obligations not to discriminate against an otherwise qualified individual with a disability. The individual claiming to be qualified has the burden of demonstrating his or her ability to meet all physical requirements legitimately necessary for the performance of duties. An employer is not required to hire a person with a disability who is not capable of performing the duties of the job. However, the regulations under the act require the employer to make reasonable accommodation to the disabilities of individuals.
Answer to Question 2
The ADA prohibits covered employers from discriminating in any aspect of employment because of disability against an otherwise qualified individual with a disability. The ADA also prohibits retaliation against any individual because the individual has opposed any act or practice unlawful under the ADA or because the individual has filed a charge or participated in any manner in a proceeding under the ADA. The act also prohibits coercion or intimidation of, threats against, or interference with an individual's exercise of or enjoyment of any rights granted under the act.
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