ADA

Question 1

Federal anti-discrimination legislation passed in 1990 designed to remove employment and access barriers for individuals with disabilities

Answer 1

ADA

Question 2

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

Answer 2

disability

Question 3

what does record of disability mean

Answer 3

covers a person who has recovered from cancer or mental illness

Question 4

individual who are regarded as having a substantially limiting impairment even though they may not have such an impairment

Answer 4

regarded as having

Question 5

what is an example of regarded as having

Answer 5

a person with facial disfigurement or discoloration being denied employment because an employer feared the negative reactions or co-workers

Question 6

what does known association or relationship mean?

Answer 6

child with a disability, may be assumed to have excessive medical/home responsibilities which would likely effect ability to do essential functions

Question 7

are the following covered under ADA
epilepsy
HIV infection/AIDS
Developmental delays
Learning differences

Answer 7

yes

Question 8

what is not covered under ADA

Answer 8

minor, non-chronic condition of short duration, such as a sprain, broken limb or the flu

Question 9

an employer, employment agency, labor organization, joint labor action committee and state/local goverment

Answer 9

covered entity

Question 10

Modifications at the job workplace to enable a person with a disability to easily perform a specific job

Answer 10

reasonable accommodations

Question 11

what are some examples of reasonable accommodations

Answer 11

work schedule modification, modification of physical plant, adapt furniture for wheelchair accessible restrooms

Question 12

an action necessary to provide a reasonable accommodation that would cause the employer or owner significant difficulty or expense

Answer 12

undue burden

Question 13

reflect the primary reason a job exists and are performed by all workers who hold the job

Answer 13

essential functions

Question 14

if only some of the workers do that function in the job then it is not essential true or false

Answer 14

true

Question 15

who is a qualified individual with a disability

Answer 15

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

Question 16

Explain the three titles under ADA

Answer 16

1. employment protection
2. public service/transportation
3. public accommodations

Question 17

Which employers are covered under the title I ADA

Answer 17

all employers with 15 or more employees covered as of 1994
-private employers
-state and local gov
-employment agencies
-labor unions

Question 18

what practices and activities are covered under the ADA title I?

Answer 18

recruitment, advertising
job application procedures
hiring/firing/layoffs
advancement/tenure
compensation/leave/fringe benefits
training

Question 19

who is protected from employment discrimination

Answer 19

1. qualified individuals with disabilities
2. could the individual perform essential functions with a reasonable accommodation

Question 20

Does the ADA require employers to develop written job descriptions?

Answer 20

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

Question 21

Does an employer have to give preference to a qualified applicant with a disability over other applicants

Answer 21

No they hire who ever is most qualified

Question 22

what are the 3 stages of the hiring process

Answer 22

1. pre-offer: advertising, taking applications, background checks
2. post- offer: after offer has been made but before employment starts
3. employment

Question 23

are agility test medical tests?

Answer 23

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

Question 24

when is a medical examination allowed?

Answer 24

post offer
allowed after a bona fide offer of employment if the medical test is job related and consistent with business necessity

Question 25

Medical exam requires proof that the exam is evaluating only the _____ of the job

Answer 25

essential functions of the job

Question 26

a post offer medical exam must be required for _______ in the same job category

Answer 26

all entering employees

Question 27

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

Answer 27

Yes

Question 28

if a person with a disability is not hired after post-offer medical exam due to disability what must the reason be

Answer 28

job related
consistent with business necessity (accommodation would impose an undue burden)

Question 29

when is an employer required to make a reasonable accommodation?

Answer 29

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

Question 30

Must the employer modify exisiting facilities to make them accessible?

Answer 30

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

Question 31

Doe accommodating workers with disabilities cost too much

Answer 31

No usually far less expensive that you would think. most cases accommodation can be made without difficulty and at little or no cost

Question 32

Are tests for illegal drugs covered by ADA

Answer 32

not covered and can be done pre- or post offer

Question 33

Many injured workers who qualify for benefits under workers compensation may not be covered by the ADA T or F

Answer 33

true

Question 34

With post offer testing in a long haul trucking company what did they find?

Answer 34

54% decrease in lost time due to MSK injuries during the first year

Question 35

when do the most employment lawsuits occur with the ADA

Answer 35

during the employment phase 90%

only 10% in the hiring process

Question 36

when can a HC professional pull a person from work?

Answer 36

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

Question 37

Explain title II under ADA

Answer 37

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

Question 38

T or F the ADA does not require modifications that would fundamentally alter the nature of the services provided by the public accommodation

Answer 38

true

Question 39

Explain title III under ADA

Answer 39

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

Question 40

what are the 3 basic things organizations must do to comply with title III

Answer 40

1. physical achievable barrier removal
2. communication access- braille
3. reasonable modifications to policies- a person with DM may need to have a sharps container for their insulin

Question 41

what does the ADA require in new construction

Answer 41

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

Question 42

is there a grandfather clause to this TItle III

Answer 42

no if built before 1992 there needs to be readily achievable barrier removal

Question 43

is there a tax deduction for complying with the ADA?

Answer 43

yes

Question 44

does the ADA cover private apartment and private homes?

Answer 44

no does not cover strictly residential private apartments and homes