Americans with Disabilities Act (ADA) Flashcards

1
Q

Americans with Disabilities Act (ADA)

A

The Americans with Disabilities Act (ADA) is a landmark civil rights law that prohibits discrimination against individuals with disabilities in various areas of public life. Below is a comprehensive overview of the ADA’s requirements and policies:

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2
Q

Scope of the ADA

A

The ADA applies to the following areas:
* Employment (Title I)
* State and Local Government (Title II)
* Public Accommodations (Title III)
* Telecommunications (Title IV)
* Miscellaneous Provisions (Title V)

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3
Q

Disability: defined

A
  • A physical or mental impairment that substantially limits one or more major life activities.
    • A history of such an impairment.
    • Being regarded as having such an impairment.
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4
Q

Qualified Individual: defined

A
  • Someone who meets the skill, experience, and education requirements of a job and can perform the essential functions with or without reasonable accommodation.
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5
Q

ADA Title I: Employment

A

Applies to employers with 15 or more employees and includes the following requirements:
Prohibited Discrimination
* Employers cannot discriminate against qualified individuals with disabilities in:
* Recruitment, hiring, promotions, or terminations.
* Compensation, training, or other employment privileges.

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6
Q

Reasonable Accommodations

A
  • Employers must provide reasonable accommodations unless doing so poses an undue hardship (significant difficulty or expense). Examples include:
    • Modifying work schedules.
    • Adjusting or acquiring equipment.
    • Providing assistive technology.
    • Reassigning non-essential job duties.
    • Allowing service animals at work.
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7
Q

Interactive Process

A
  • Employers and employees must engage in a dialogue to determine effective accommodations.
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8
Q

Medical Examinations and Inquiries

A
  • Employers cannot ask about disabilities before making a job offer.
  • Post-offer inquiries must be job-related and consistent with business necessity.
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9
Q

ADA Title V: Miscellaneous Provisions

A
  • Prohibits retaliation or coercion against individuals asserting their ADA rights.
  • Includes rules for insurance, drug testing, and other broader applications.
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10
Q

Key Employer Obligations

A
  1. Reasonable Accommodations:
    • Employers are not required to lower performance standards.
    • Employers must provide accommodations unless it causes undue hardship.
  2. Confidentiality:
    • Employers must keep medical information confidential.
  3. Job Descriptions:
    • Clearly define essential functions of each role to manage accommodation requests.
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11
Q

Missouri-Specific Requirements

A
  • Covers employers with 6 or more employees (compared to 15 under ADA).
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