Indiana Code 22-9-5-16. “Qualified individual with a disability” defined
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Terms Used In Indiana Code 22-9-5-16
- disability: means with respect to an individual:
Indiana Code 22-9-5-6
- employer: means a person engaged in an industry affecting commerce that has at least twenty-five (25) employees for each working day in each of at least twenty (20) calendar weeks in the current or preceding year and an agent of the person. See Indiana Code 22-9-5-10
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- reasonable accommodation: includes the following:
Indiana Code 22-9-5-17
Sec. 16. As used in this chapter, “qualified individual with a disability” means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. For the purposes of this chapter, consideration shall be given to the employer‘s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job the description shall be considered evidence of the essential functions of the job.
As added by P.L.111-1992, SEC.4.