ADA Flashcards
regarded as having
-individuals regarded as having a substantially limiting impairment, even though they may not have such an impairment
-ex: person with facial discoloration
known association or relationship
-child w a disability may be assumed to have excessive medical/home responsibilities which owuld effect ability to do essential functions
-parents might not get a job bc of this
ADA Amendments Act
-determination of disability was too narrow
-expands the definition of “major life activities” by including major life activiites and major body functions
what is not covered
minor, non chronic conditiosn
covered entitiy
employer, employment agency, labor organization, joint lacor action committee, and state/local governments
undue burden
action necessary to provide a reasonable accomodation that would cause the employer or owner significant difficulty or expense
essential function
reflect the primary reason a job exists and are performed by ALL workers who hold the job
what is title 3?
employment protection
who is protected from employment discrimination
“qualified individuals” with disabilites
pre-offer
advertising, taking applications, background checks, interviews
post-offer
after offer made, before employment starts
fitness tests
PRE offer only
-performed by NON medical person
CANT include medical things like HR and BP
medical exam
POST offer only
-requires proof that exam is designed to evaluate the essential function of job
what questions are allowed
-ask questions about ability to perofrm essential functions and how someone would perform
-ask about duties in previous jobs
what are the reasons for not hiriing
-job related
-consistent with business necessity
-no avaiil reasonable accomodation
