Topic 7

Question 1

A movement of people with disabilities working toward self-motivation, self-respect, mainstreaming in society, and equal opportunity.

Answer 1

Independent Living Movement

Question 2

A physical or mental condition that hinders an employee’s movement or activities.

Answer 2

Disability

Question 3

Part of the increase in disability discrimination complaints to the EEOC is caused by:

Answer 3

The slowness of employers to modify negative stereotypical thinking about disabled employees

Question 4

This federal law prohibits discrimination on the basis of disability. The Act also authorizes state grants for rehabilitation services to disabled persons.

Answer 4

Rehabilitation Act of 1973

Question 5

Only federal contractors doing over $50,000 in business have to take affirmative action to hire qualified disabled persons. (T/F)

Answer 5

False; Federal government and federal contractors doing over $10,000 in business have to take affirmative action to hire qualified disabled persons.

Question 6

Employers with 15 or more employees are prohibited from discriminating against people with disabilities. In general, the employment provisions of the ADA require equal opportunity in selecting, testing, and hiring qualified applicants with disabilities; job accommodation for applicants and workers with disabilities when such accommodations would not impose “undue hardship;” and equal opportunity in promotion and benefits.

Answer 6

Americans with Disabilities Act (ADA)

Question 7

Any loss or abnormality of a person’s physical or mental state.

Answer 7

Impairment

Question 8

A daily activity that an average person can perform with little or no difficulty.

Answer 8

Major Life Activity

Question 9

Under the Americans with Disabilities Act, it is illegal for a company with ____ or more employees to discriminate in employment against qualified persons with disabilities

Answer 9

15

Question 10

The effect of the Americans with Disabilities Act was to standardize and nationalize employment protections for the qualified disabled employee in the _________ sector.

Answer 10

Both private and public

Question 11

The ADA required employers to take affirmative steps to provide ________ for qualified disabled workers, absent undue hardship.

Answer 11

Reasonable accommodations

Question 12

If the disabled person’s condition constitutes a direct threat to the safety of others at work, he or she is considered not qualified for the job.

Answer 12

True

Question 13

Passed in 2008, it amends the ADA by adding new protections for employees with disabilities.

Answer 13

ADA Amendments Act

Question 14

What factors drove Congress to pass the ADA Amendments Act?

Answer 14

Response to several United States Supreme Court cases that narrowly construed the definition of disability

Question 15

The ADAAA requires that the determination of whether an employee has a disability be ___________ and _____________.

Answer 15

Particularly simple and straightforward : not require extensive analysis

Question 16

How many life activities must an impairment limit to be considered a disability?

Answer 16

At least one

Question 17

Disabilities that are covered by the ADAAA are:

Answer 17

Permanent or temporary

Question 18

An employer may discriminate in employment on qualifications. (T/F)

Answer 18

True

Question 19

Determining what constitutes the ________, and not _______, functions of the job is an important task for an employer to undertake for both practical and risk management considerations.

Answer 19

Essential; marginal

Question 20

The fundamental duties of the employment position the individual with a disability holds or desires

Answer 20

ADA’s definition of an essential function

Question 21

The calculation of whether a task is essential to a job is relative to:

Answer 21

The firm and the job

Question 22

From a risk management point of view, an employer should be able to defend an interpretation of:

Answer 22

Essential job functions

Question 23

Contrary to some misconceptions, reasonable accommodation under the ADA does not require:

Answer 23

An employer to lower job standards

Question 24

Which group has the duty to seek accommodations if needed?

Answer 24

The employee

Question 25

The law prohibits the employer from making ________ decisions about what job functions a disabled employee may not be able to undertake.

Answer 25

Unilateral

Question 26

Employers have wide latitude in disregarding usual company policy in favor of the disabled employee without running afoul of other anti-discrimination statutes, but generally may not make exceptions to:

Answer 26

Seniority rules or collective bargaining agreements

Question 27

The EEOC reports that the majority of accommodations made by employers are:

Answer 27

Nominal

Question 28

A reasonable change to the work environment that allows an individual with a disability to perform job functions.

Answer 28

Reasonable Accommodation

Question 29

An accommodation to the work environment that places a significant burden or expense on the employer.

Answer 29

Undue Hardship

Question 30

An employer can refuse to implement what would otherwise be a reasonable accommodation:

Answer 30

When it would cause undue hardship

Question 31

If the accommodation would be highly disruptive to the workplace, as in the case of a significant shift of duties to another employee or a diminution of service or performance by other workers, there may be a claim of undue hardship.
(T/F)

Answer 31

True

Question 32

The employer must show how the ___________ will create an undue hardship and may not merely speculate on the issue.

Answer 32

Actual costs of accommodating

Question 33

Traditional views of disabled people have been changing. In 1973, the city of Chicago repealed a law created in the 1880’s that forbade disabled people who were diseased, maimed, or unsightly from:

Answer 33

Appearing in public

Question 34

The independent living movement was instrumental in pushing for federal legislation to protect disabled persons from:

Answer 34

Employment discrimination

Question 35

Section 508 of the Rehabilitation Act requires federal information and technology platforms to be accessible to people with disabilities, including employees and the public. (T/F)

Answer 35

True

Question 36

The ADA did not initially define the terms _______ or _______. This created some difficulty for employers and courts alike in determining the parameters of the statute.

Answer 36

Impairment : major life activity

Question 37

Has the skills, talents, education, and other abilities necessary to carry out the essential functions of the job

Answer 37

Qualified individual

Question 38

The primary object of attention in cases brought under the ADA should be whether covered entities have complied with their obligations and whether discrimination has occurred, not whether:

Answer 38

The individual meets the definition of disability

Question 39

What did Congress intend employers to do before claiming undue hardship?

Answer 39

Seek external government funding