ADA Flashcards
Federal anti-discrimination legislation passed in 1990 designed to remove employment and access barriers for individuals with disabilities
ADA
a physical or mental impairment that substantially limits one or more major life activities of the individual; or record of such impairment or being regarded as having such an impairment or known association or relationship with a persona with a disability
disability
what does record of disability mean
covers a person who has recovered from cancer or mental illness
individual who are regarded as having a substantially limiting impairment even though they may not have such an impairment
regarded as having
what is an example of regarded as having
a person with facial disfigurement or discoloration being denied employment because an employer feared the negative reactions or co-workers
what does known association or relationship mean?
child with a disability, may be assumed to have excessive medical/home responsibilities which would likely effect ability to do essential functions
are the following covered under ADA
epilepsy
HIV infection/AIDS
Developmental delays
Learning differences
yes
what is not covered under ADA
minor, non-chronic condition of short duration, such as a sprain, broken limb or the flu
an employer, employment agency, labor organization, joint labor action committee and state/local goverment
covered entity
Modifications at the job workplace to enable a person with a disability to easily perform a specific job
reasonable accommodations
what are some examples of reasonable accommodations
work schedule modification, modification of physical plant, adapt furniture for wheelchair accessible restrooms
an action necessary to provide a reasonable accommodation that would cause the employer or owner significant difficulty or expense
undue burden
reflect the primary reason a job exists and are performed by all workers who hold the job
essential functions
if only some of the workers do that function in the job then it is not essential true or false
true
who is a qualified individual with a disability
meets legitimate skill, experience, education or other requirements of an employment position that they hold or seek
can perform the essential functions of the position with or without reasonable accommodation
will not be considered unqualified simply because of inability to perform marginal or incidental job functions
Explain the three titles under ADA
- employment protection
- public service/transportation
- public accommodations
Which employers are covered under the title I ADA
all employers with 15 or more employees covered as of 1994
-private employers
-state and local gov
-employment agencies
-labor unions
what practices and activities are covered under the ADA title I?
recruitment, advertising
job application procedures
hiring/firing/layoffs
advancement/tenure
compensation/leave/fringe benefits
training
who is protected from employment discrimination
- qualified individuals with disabilities
- could the individual perform essential functions with a reasonable accommodation
Does the ADA require employers to develop written job descriptions?
No, however a written job description that is prepare before advertising or interviewing applicants for a job will be considered as evidence along with other relevant factors
Does an employer have to give preference to a qualified applicant with a disability over other applicants
No they hire who ever is most qualified
what are the 3 stages of the hiring process
- pre-offer: advertising, taking applications, background checks
- post- offer: after offer has been made but before employment starts
- employment
are agility test medical tests?
no
they can be given at any point in the employment process
-must be given to all applicants
- can not screen out those with disabilities/must accommodate disabled individuals
-can not include things that would be considered medical like HR or BP
when is a medical examination allowed?
post offer
allowed after a bona fide offer of employment if the medical test is job related and consistent with business necessity
Medical exam requires proof that the exam is evaluating only the _____ of the job
essential functions of the job
a post offer medical exam must be required for _______ in the same job category
all entering employees
Can an employer ask questions about the ability to perform specific essential functions and ask individual with a disability how s/he would perform a taks
Yes
if a person with a disability is not hired after post-offer medical exam due to disability what must the reason be
job related
consistent with business necessity (accommodation would impose an undue burden)
when is an employer required to make a reasonable accommodation?
only when applicant or employee’s disability is know
generally triggered by a request from an individual with a disability
accommodations made on an individual basis
Must the employer modify exisiting facilities to make them accessible?
under title I: to provide access for an individual applicant to participate in the job application process
an individual employee with a disability to perform the essential functions of his/her job, including access to a building, to the work site, to needed equipment and to all facilities used by employees
Doe accommodating workers with disabilities cost too much
No usually far less expensive that you would think. most cases accommodation can be made without difficulty and at little or no cost
Are tests for illegal drugs covered by ADA
not covered and can be done pre- or post offer
Many injured workers who qualify for benefits under workers compensation may not be covered by the ADA T or F
true
With post offer testing in a long haul trucking company what did they find?
54% decrease in lost time due to MSK injuries during the first year
when do the most employment lawsuits occur with the ADA
during the employment phase 90%
only 10% in the hiring process
when can a HC professional pull a person from work?
direct threat
ex: a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced below the direct thereat level through reasonable accommodation
Explain title II under ADA
prohibits discrimination agains qualified individuals with disabilities in all programs, activities and services of public entities
applies to all state and local governments their departments and agencies
T or F the ADA does not require modifications that would fundamentally alter the nature of the services provided by the public accommodation
true
Explain title III under ADA
access to non gov buildings
require that new construction and alterations to conform to the new ADA accessibility guidelines
all newly constructed places of public accommodations and commercial facilities must be accessible to individuals with disabilities to the extent that it is not structurally impracticable
what are the 3 basic things organizations must do to comply with title III
- physical achievable barrier removal
- communication access- braille
- reasonable modifications to policies- a person with DM may need to have a sharps container for their insulin
what does the ADA require in new construction
elevators are not required in facilities under 3 stories or with fewer than 3,000 square feet per floor
Unless a mall
Health care building
is there a grandfather clause to this TItle III
no if built before 1992 there needs to be readily achievable barrier removal
is there a tax deduction for complying with the ADA?
yes
does the ADA cover private apartment and private homes?
no does not cover strictly residential private apartments and homes
