Legal Question in Disability Law in California

Definition of qualified individual with a disability

A 'qualified with a disability' is someone who can perform the 'essential functions' of the job with or without reasonable accommodations. An employer does not have to hire a disabled applicant who is not qualified to do the job. Moreover, under the ADA, the employer can select the most qualified person for the job so long as it's decision was not based on the fact that the applicant has a disability.