Sentences with phrase «qualified handicapped person»

Regarding the second element, the court stated that a «qualified handicapped person» is one who «with or without reasonable accommodation can perform the essential functions of the position.»

• Qualified handicapped persons may not, on the basis of handicap, be denied admission or employment even if facilities have not been made barrier - free.

Not exact matches

(a) Any contract in excess of $ 2,500 entered into by any Federal department or agency for the procurement of personal property and nonpersonal services (including construction) for the United States shall contain a provision requiring that, in employing persons to carry out such contract the party contracting with the United States shall take affirmative action to employ and advance in employment qualified handicapped individuals as defined in section 7 (6).

One these factors have been taken into account, a handicapped person who was incapable of performing the essential duties of a job would not be a qualified applicant.

The Second Circuit noted that under the Rehabilitation Act, a plaintiff must show that: (1) she is a handicapped person; (2) she is «otherwise qualified» for the position; and (3) she was excluded from the position solely because of her handicap.