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Otherwise qualified Options
prince
Posted: Tuesday, May 15, 2018 2:17:34 PM
Rank: Advanced Member

Joined: 9/12/2010
Posts: 479
Neurons: 3,025
Section 504 states, "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance ,,, "


"No otherwise qualified individual with a disability in the United States" . I understand the meaning is as same as "no individual with disability".., however I would like to know the impact of the word "Otherwise".

Kindly exlain

Thank you

Prince
thar
Posted: Tuesday, May 15, 2018 3:23:14 PM

Rank: Advanced Member

Joined: 7/8/2010
Posts: 16,986
Neurons: 68,516
This is 'otherwise qualified'.

Otherwise is a word meaning 'in other ways' (except that way).


So, if you are qualified in all the other ways you need to be for that programme, then it is illegal to exclude them just because they are disabled.

Ie, it is fair to exclude them from a programme if they are not qualified for it in other ways - ie if they do not meet the criteria of the programme such as age, qualifications, financial situation, etc.

If they don't meet those criteria, you can exclude them whether they are disabled or not.





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