Topic 7: The Americans with Disabilities Act (ADA) Flashcards
What is the purpose of the Americans with Disabilities Act (ADA)?
To protect disabled individuals from employment discrimination and ensure reasonable accommodations in the workplace.
What percentage of the U.S. population had a disability according to the 2010 Census?
19%
What were some key disability statistics from the 2010 Census?
2 million were blind, 8.1 million had vision impairments
1 million had severe hearing loss, 7.6 million had hearing impairments
30.6 million had difficulty walking or climbing stairs
19.9 million had difficulty lifting or grasping objects
5 million needed help with daily activities
7 million reported depression or anxiety affecting daily life
What was the employment rate of disabled persons aged 21-64 in 2010?
41%, compared to 79% for non-disabled persons.
How did poverty rates compare between disabled and non-disabled persons in 2010?
10.8% of disabled persons lived in persistent poverty
Only 3.8% of non-disabled persons faced persistent poverty
What was the median monthly income of working-age disabled adults in 2010?
$1,961, compared to $2,724 for non-disabled persons.
How did disability discrimination complaints change in 2010?
The EEOC received a record 100,000 disability discrimination complaints, a 17% increase.
Why have disability discrimination complaints increased?
Many employers have been slow to move past negative stereotypes about disabled employees.
What was an example of outdated discrimination against disabled individuals?
Chicago had an 1880s law (repealed in 1973) that forbade “diseased, maimed, or unsightly” individuals from appearing in public.
What is the independent living movement?
A movement that works to integrate disabled persons into mainstream education, employment, and community life.
How did the independent living movement contribute to disability rights?
It helped push for federal legislation protecting disabled individuals from employment discrimination.
Part of the increase in disability discrimination complaints to the EEOC is caused by:
The slowness of employers to modify negative stereotypical thinking about disabled employees
The increasingly fast-paced workforce environment
Disabilities becoming less common among the general public, which means fewer disabled people to work with
All of the above
The slowness of employers to modify negative stereotypical thinking about disabled employees
The slowness of employers to modify negative stereotypical thinking about disabled employees causes more inappropriate discrimination situations.
True or False. Disabled persons have a higher employment rate than non-disabled persons.
False. Only 41 percent of disabled persons between the ages of 21 and 64 were working at a job, while 79 percent of non-disabled persons were working.
According to the U.S. Census Bureau, the largest claim for disability comes from:
Being blind or having difficulty seeing
Severe hearing loss
Difficulty walking or climbing stairs
Problems lifting or grasping objects
Difficulty walking or climbing stairs
Over 30 million Americans have a difficult time walking or climbing stairs.
Across the United States there has been a(n) _________ in workplace disability discrimination claims.
Increase
Steady decrease
Rapid decrease
No change
Increase
In recent years there has been almost a 17% increase in disability discrimination claims.
What is the name of the movement which has worked to take disabled persons out of isolation and institutions and place them squarely in the mainstream community of school and employment?
Disability freedom movement
Independent living movement
Equal people movement
One for all movement
Independent living movement
The independent living movement works to provide the benefits of education and employment to disabled persons.
What is the Rehabilitation Act of 1973?
A law signed by President Nixon that provides vocational rehabilitation services and prohibits disability discrimination in federal programs, employment, and federal contracting.
How does the Rehabilitation Act define an “individual with a disability”?
A person with a physical or mental impairment that substantially limits major life activities, has a record of such impairment, or is perceived as having such an impairment.
What does Section 503 of the Rehabilitation Act require?
Federal agencies and contractors with over $10,000 in business must take affirmative action to hire qualified disabled individuals.
What does Section 504 of the Rehabilitation Act address?
It prohibits disability discrimination in federal programs, employment, and other settings.
What is the purpose of Section 508 of the Rehabilitation Act?
It mandates that federal technology and information systems be accessible to people with disabilities.
What accommodations does the Rehabilitation Act require for disabled federal employees?
Employers must provide reasonable accommodations unless doing so would cause undue hardship.
Does the Rehabilitation Act apply to private-sector employers?
No, it only applies to the federal government and federal contractors.
What was the significance of School Board of Nassau v. Arline (1987)?
The Supreme Court ruled that employees could not be discriminated against due to fears of contagious diseases, expanding protections for those “regarded as disabled.”
How has Arline been used to protect HIV-positive individuals?
It established that being perceived as disabled, even without a current disability, qualifies for protection under the Rehabilitation Act.
True or False. The Rehabilitation Act of 1973 expanded previous federal responsibilities for research and training programs with respect to disabled persons.
True
True: The Rehabilitation Act of 1973 governs the authorization of grants to states for vocational rehabilitation services to those with severe disabilities, and it expanded previous federal responsibilities for research and training programs with respect to disabled persons.
The Rehabilitation act of 1973 defines an “individual with a disability” as:
A person who has a physical impairment
A person with a mental impairment which substantially limits one or more of his or her major life activities
A disabled person with a record of such impairment and/or perceived as having such an impairment.
All of the Above
All of the Above
A person who has a physical or mental impairment which substantially limits one or more of his or her major life activities, has a record of such impairment, and/or is perceived as having such impairment qualifies as an individual with a disability.
True or False. Only federal contractors doing over $50,000 in business have to take affirmative action to hire qualified disabled persons.
False.
False: Federal government and federal contractors doing over $10,000 in business have to take affirmative action to hire qualified disabled persons.
The Rehabilitation Act requires all employers to make reasonable accommodations for employees unless the accommodation would cause:
Undue hardship
Unwanted hardship
Lasting hardship
Annoying hardship
Undue hardship
The text clarifies that an employer would not need to make an accommodation if it would require “an undue hardship based upon business needs and cost.”
In School Board of Nassau v. Arline, a school board fired a school teacher who had recently recovered from a documented third bout of tuberculosis for fear that the disease would return and pose a risk to school children. Which of the following statements is true?
The courts held that the school had the right to terminate the employment of the teacher to protect the safety of the children
The courts held that the teacher could be terminated because it was a reoccurring illness and therefore more threatening to others
The courts held that the teacher was protected under The Rehabilitation Act of 1973 because allowing discrimination based on the contagious effects of a physical impairment would be inconsistent with the basic purpose of the Act
None of the above are correct
The courts held that the teacher was protected under The Rehabilitation Act of 1973 because allowing discrimination based on the contagious effects of a physical impairment would be inconsistent with the basic purpose of the Act
The Supreme Court held that the teacher was protected under the Act because “[a]llowing discrimination based on the contagious effects of a physical impairment would be inconsistent with the basic purpose of the Act.”
What is the Americans with Disabilities Act (ADA)?
A 1990 law that prohibits employment discrimination against qualified individuals with disabilities and requires reasonable accommodations.
Who introduced the ADA in the Senate, and how?
Senator Tom Harkin introduced the bill in American Sign Language to honor his deaf brother.
What size businesses must comply with the ADA?
Businesses with 15 or more employees.
What was the impact of the ADA?
It standardized employment protections for disabled individuals across both public and private sectors, enforced by the EEOC.
What three criteria define a disability under the ADA?
A physical or mental impairment that substantially limits one or more major life activities.
A record of such impairment.
Being perceived as having such an impairment.
What are examples of “major life activities” under the ADA?
Walking, seeing, hearing, speaking, breathing, working, learning, thinking, standing, lifting, self-care, interacting with others, and reproduction.
What is a reasonable accommodation under the ADA?
Modifications that allow a qualified disabled employee to perform essential job functions, unless it creates an undue hardship for the employer.
Can an employer refuse to hire a disabled person due to their disability?
No, unless the disability prevents them from performing essential job functions even with accommodations or poses a direct threat to others.
What factors determine if an accommodation is an undue hardship?
Cost, company size, and impact on business operations.
What are the six steps in the employer disability accommodation process?
Employee Request or Employer Identification of Accommodation Need.
Identify Barriers to Performing Essential Job Functions.
Collaborate on Possible Accommodations.
Assess Reasonableness of the Accommodation.
Implement the Accommodation.
Continuously Evaluate and Adjust if Needed.
In the case of John, the data input worker with carpal tunnel syndrome, what was the first step?
John must inform his supervisor and request an accommodation. The employer should also create a workplace culture where such requests are valued.
How does the employer determine if an accommodation is needed?
By assessing whether John’s disability affects essential job functions, such as typing.
What are possible accommodations for John’s condition?
Providing a sensitive keyboard, adjusting his workstation, or changing his chair height.
How does the employer evaluate the accommodation’s reasonableness?
By considering firm size, cost, and feasibility.
What happens after implementing an accommodation?
Continuous evaluation to ensure effectiveness. If the issue persists, further accommodations may be necessary.
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.
10
15
20
50
15
From the text, “Under the ADA, it became illegal for any firm with 25 (now 15) or more employees to discriminate in employment against a qualified person with a disability.”
The effect of the Americans with Disabilities Act was to standardize and nationalize employment protections for the qualified disabled employee in the _________ sector.
Both public and private
public
private
federal
Both public and private
From the text, “The effect of the ADA was to standardize and nationalize employment protections for the qualified disabled employee in both the public and private sector and to back up those protections with the enforcement power of the EEOC.”
The ADA required employers to take affirmative steps to provide ________ for qualified disabled workers, absent undue hardship.
Illegal drug screening
Increased pay
Reasonable accommodations
Employee handbooks
Reasonable accommodations
From the text, “like the Rehabilitation Act, the ADA required employers take affirmative steps to provide reasonable accommodation for qualified disabled workers, absent undue hardship.”
Which of the following is not considered a “major life activity” by the EEOC and the Supreme Court’s definition?
Walking
Sitting
Interacting with others
Sexual reproduction
Sitting
Major life activities included walking, seeing, hearing, speaking, breathing, working, learning, thinking, standing, lifting, caring for oneself, interacting with others, and sexual reproduction.
True or False. 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.
True
Employers are free to lawfully discriminate against an employee whose medical condition poses a threat to others. However, a reasonable accommodation must still be sought.
Why was the ADA Amendments Act (ADAAA) passed in 2008?
To broaden the definition of “major life activity” and shift the focus to compliance rather than strict disability definitions.
What is the primary focus of ADA cases under the ADAAA?
Whether an employer has complied with obligations and whether discrimination has occurred, rather than whether an individual meets the definition of disability
How did the ADAAA expand the definition of impairment?
It includes any physiological or psychological disorder affecting major body systems, such as neurological, respiratory, cardiovascular, and endocrine.
What impairments are almost always considered disabilities under the ADAAA?
Deafness, blindness, intellectual limitations, autism, cancer, cerebral palsy, diabetes, HIV, multiple sclerosis, muscular dystrophy, and mental health disorders.
What conditions are not considered disabilities under the ADAAA?
Sexual orientation, gender identity, and compulsive gambling.
How does the ADAAA treat impairments that are episodic or in remission?
They are considered disabilities if they would substantially limit a major life activity when active.
Does a disability need to limit all major life activities to qualify under the ADAAA?
No, it only needs to limit one major life activity.
How does the ADAAA treat disabilities that can be fully corrected with assistive devices?
If an impairment is fully corrected (e.g., vision problems with prescription glasses), it is not considered a disability.
Give an example of a condition not considered a disability due to corrective measures.
Twin pilots with vision issues fully corrected by prescription lenses.
Give an example of a condition that remains a disability even with treatment.
A seizure disorder controlled by medication still qualifies as a disability.
Can a temporary condition qualify as a disability under the ADAAA?
Yes, impairments lasting only a short period of time still receive protection for their duration.
What prior legal interpretation did the ADAAA reject regarding disabilities?
The idea that a disability must be permanent to qualify for ADA protection.
What factors drove Congress to pass the ADA Amendments Act?
Uprise by Americans which created political pressures
Response to several United States Supreme Court cases that narrowly construed the definition of disability
Unclear guidelines were pushing the EEOC past the point of being able to handle incoming complaints
Increased numbers of people claiming disability for being overweight
Response to several United States Supreme Court cases that narrowly construed the definition of disability
From the text, “In response to several United States Supreme Court cases which narrowly construed the definition of disability, in 2008 Congress passed the ADA Amendments Act.”
Which of the following was not added to the EEOC’s definition of impairment? Any physiological disorder or condition affecting one or more of the following systems:
Cosmetic
Neurological
Special sense organs
Digestive
Cosmetic
The EEOC expanded its guideline’s definition of impairment to include: “[a]ny physiological disorder or condition affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine, or any mental or psychological disorder.”
The ADAAA requires that the determination of whether an employee has a disability be ___________ and _____________.
A standardized procedure : used throughout all industries
Particularly simple and straightforward : not require extensive analysis
Quick : painless
Documented on public record : accessible to all employees to view
Particularly simple and straightforward : not require extensive analysis
The ADAAA requires that the determination of whether an employee has a disability be “particularly simple and straightforward” and “not require extensive analysis.”
How many life activities must an impairment limit to be considered a disability?
Three or more
At least two
At least one
More than one
At least one
The ADAAA provides that a disability need not limit all major life activities, merely one.
Disabilities that are covered by the ADAAA are:
Temporary impairments that may evolve into permanent ones
Temporary
Permanent or temporary
Permanent
Permanent or temporary
The ADAAA “provides that impairments which last only a short period of time qualify for protection under the ADAAA for the duration of the disability. In other words, the disability may be temporary.”
What are “essential functions” of a job under the ADA?
Fundamental duties of a position that a person with a disability must be able to perform, with or without accommodation.
When is a job function considered essential?
The position exists to perform that function.
There are a limited number of employees to distribute the task.
The task is highly specialized.
Who determines whether a job function is essential?
The employer, though supporting evidence includes job descriptions, time spent on the function, and consequences of the task not being done.
What evidence helps establish a job function as essential?
Formal job descriptions
Percentage of time spent on the function
Consequences of not performing the task
Collective bargaining agreements
Required work experience and education
How do essential job functions differ between large and small firms?
In a large office, non-essential tasks like retrieving mail can be reassigned, while in a small office, all tasks may be essential due to limited staff.
Give an example of an essential job function.
Answering phones and scheduling appointments for a receptionist in a professional office.
Give an example of a non-essential job function.
Fetching coffee or retrieving mail from another floor if other employees can do it.
True or False. An employer may discriminate in employment on qualifications.
True
Consequently, a disabled person must be qualified to carry out the essential functions of the job, before the protections of the ADA may be invoked.
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.
Essential : marginal
Marginal : essential
Standard : variable
Operational : technical
Essential : marginal
Determining what constitutes the essential, and not marginal, functions of the job is an important task for an employer to undertake for both practical and risk management considerations.
What is the ADA’s definition of an essential function?
The critical duties that can only be held by a select number of employees
The general tasks performed throughout a working day in any position
Any function that must be performed by management or someone within a supervisory role.
The fundamental duties of the employment position the individual with a disability holds or desires
The fundamental duties of the employment position the individual with a disability holds or desires
The ADA defines essential functions of the job as meaning the fundamental duties of the employment position the individual with a disability holds or desires
The calculation of whether a task is essential to a job is relative to:
The firm and the job
The Federal laws and company size
The company mission statement and EEOC compliance
The state laws and industry involved
The firm and the job
Because each job, firm, and employee are unique, the determination of what task is “essential” is made on a case-by-case basis.
From a risk management point of view, an employer should be able to defend an interpretation of:
Essential job functions
Tertiary job functions
General job responsibilities
Reasonable salary for disabled people
Essential job functions
From an efficiency and risk management point of view, employers should be able to defend an interpretation of essential job functions for open positions
What is reasonable accommodation under the ADA?
Modifications to a job application process, work environment, job duties, or facilities to enable a qualified disabled employee to perform essential functions.
What does reasonable accommodation not require an employer to do?
Lower job standards
Alter production goals
Modify essential job functions
Change full-time jobs to part-time
Exempt employees from discipline
Create a new job
Who is responsible for requesting an accommodation?
The employee, unless the need for accommodation is patently obvious to the employer.
What are the five steps in determining reasonable accommodation?
Employee requests an accommodation.
Employer and employee discuss barriers to performance.
Possible accommodations are listed.
Employer selects a reasonable and effective accommodation.
Employer implements the accommodation.
Can an employer require proof of disability before providing accommodations?
Yes, an employer may require a test or demonstration of disability extent, but cannot unilaterally decide what job functions a disabled employee can or cannot perform.
Can an employer refuse to promote an employee in a wheelchair due to travel requirements?
No, the employer must first assess possible accommodations for travel and whether the employee is willing to undertake the task.
Does an employer have to provide the “best” accommodation?
No, the accommodation only needs to be reasonable and effective, even if not the employee’s preferred solution.
Contrary to some misconceptions, reasonable accommodation under the ADA does not require:
A. an employer to lower job standards
B. an employer to create realistic essential job functions
C. physical and mental accommodations
A and B
A. an employer to lower job standards
The ADA does not require an employer to lower job standards, alter production goals, modify the essential job functions for a disabled employee, change a job from full to part-time, exclude an employee from discipline procedures, or create a new job altogether.
Which group has the duty to seek accommodations if needed?
The position manager
The employee
The employer
The government
The employee
It is the employee’s responsibility to seek accommodation if needed.
The law prohibits the employer from making ________ decisions about what job functions a disabled employee may not be able to undertake.
Unilateral
Unanimous
Unplanned
Quick
Unilateral
Unilateral, meaning individual or one-sided
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:
Mandated break times and lunch hours
Working hours
Seniority rules or collective bargaining agreements
Job duties and responsibilities
Seniority rules or collective bargaining agreements
Seniority rules or collective bargaining agreements; this is the general rule mentioned in the text.
The EEOC reports that the majority of accommodations made by employers are:
Expensive
Unpayable, causing undue hardship
Nominal
Free
Nominal
From the text, “The EEOC reports that 30 percent of accommodations cost nothing, while almost 20 percent cost the employer under $50, and 50 percent involve expenses of $500 or less. Even for the smallest employer, these expenses are nominal.”
What is “undue hardship” under the ADA?
A legal standard allowing employers to refuse a reasonable accommodation if it imposes significant difficulty or expense on the business.
What factors determine undue hardship?
Business size and resources
Cost and extent of the accommodation
Nature of the business operations
What types of accommodations may be considered an undue hardship?
Accommodations that are expensive, highly disruptive, wide-ranging, or alter the fundamental structure of the business.
Can an employer claim undue hardship if a less costly alternative exists?
No, the employer must consider all reasonable accommodation options before claiming undue hardship.
Can an employer refuse accommodation based on co-worker discomfort?
No, undue hardship cannot be based on the fears, prejudices, or morals of co-workers.
In the EEOC example, why was transferring marginal tasks from an employee undergoing chemotherapy not an undue hardship?
Because the reassigned tasks did not significantly disrupt the workplace or reduce productivity.
When might reassigning job duties create an undue hardship?
If the shift significantly burdens other employees, disrupts workflow, or diminishes service quality.
What must an employer do before claiming undue hardship?
Demonstrate actual financial or operational hardship (not speculation).
Seek external government funding.
Apply for tax incentives.
Consider if the disabled employee can bear some accommodation costs.
An employer can refuse to implement what would otherwise be a reasonable accommodation:
When the employee has not been officially hired
When it would cause undue hardship
When it hurts the company’s image
When the action of accommodating is seen as an irritation
When it would cause undue hardship
Under the ADA, an employer may refuse to implement what would otherwise be a reasonable accommodation if it represents an undue hardship to the business.
What factors are considered when determining undue hardship?
Size and nature of the business
Extent and cost of the accommodation
The overall resources of the business
All of the above
All of the above
All three of the options are considered when determining undue hardship on a business.
The EEOC provides the following example: An employee with breast cancer is undergoing chemotherapy. As a consequence of the treatment, the employee is subject to fatigue and finds it difficult to keep up with her regular workload. So that she may focus her reduced energy on performing her essential functions, the employer transfers three of her marginal functions to another employee for the duration of the chemotherapy treatments. The second employee is unhappy at being given extra assignments, but the employer determines that the employee can absorb the new assignments with little effect on his ability to perform his own assignments in a timely manner. Which of the following is true?
There is evidence of undue hardship with both the disruption in work and the agitation of the second employee.
The cancer patient is causing undue hardship by not being able to fulfill all the expected responsibilities.
Undue hardship falls upon the second employee. He would have a case in court for undue hardship with the additional responsibilities.
Since the employer cannot show significant disruption to its operation, there is no undue hardship.
Since the employer cannot show significant disruption to its operation, there is no undue hardship.
In the EEOC’s example, since the employer cannot show significant disruption to its operation, there is no undue hardship.
True or False. 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.
True.
Employers have a legitimate interest in making sure work gets done, and if an accommodation has a substantially negative effect on that, it may be an “undue hardship.”
The employer must show how the ___________ will create an undue hardship and may not merely speculate on the issue.
Lowered employee moral
Actual costs of accommodating
Accommodation will change company culture, which
None of the above
Actual costs of accommodating
A claim of undue hardship must be based upon real data.
True or False. Disabled persons in the United States are not very common, with less than 5% of the population being afflicted with a disability.
False
According to the 2010 Census data, about nineteen percent of the U.S. population has a disability.
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:
Marrying non-disabled persons
Appearing in public
Being employed
Voting
Appearing in public
The city of Chicago, as late as 1973, repealed an 1880’s law that forbade a person who was diseased, maimed, or unsightly from appearing in public.
The independent living movement was instrumental in pushing for federal legislation to protect disabled persons from:
Being enlisted
Not being able to receive social security benefits
Employment discrimination
All of the above
Employment discrimination
To combat injustices, there arose what has become known as the independent living movement, which has worked to take disabled persons out of isolation and institutions and place them squarely in the mainstream community of school and employment.
The Rehabilitation Act of 1973:
Governs the authorization of grants to states for vocational rehabilitation services to those with severe disabilities
Expanded previous federal responsibilities for research for disabled persons
Expanded training programs with respect to disabled persons
All of the above
All of the above
The Rehabilitation Act of 1973 governs the authorization of grants to states for vocational rehabilitation services to those with severe disabilities, and it expanded previous federal responsibilities for research and training programs with respect to disabled persons.
The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by:
Federal agencies
Those receiving federal assistance
Federal contractors
All of the above
All of the above
Federal agencies, those receiving federal assistance, those in employment with the federal government, and federal contractors are all prohibited from discriminating on the basis of disability.
True or False. Section 508 of the Rehabilitation Act requires federal information and technology platforms to be accessible to people with disabilities, including employees and the public.
True
In other words, a technology system provided in a visual format would also have to be provided in audio, or other format, for a disabled federal employee or for public use.
Which of the following definitions was not adopted by the ADA from the Rehabilitation Act’s definition of a disability?
A physical or mental impairment that substantially limits one or more major life activities
Having a record of an impairment
Being perceived as having an impairment
Being able to pass the national impairment proof test
Being able to pass the national impairment proof test
The Rehabilitation Act defines a disability as: (1) a physical or mental impairment that substantially limits one or more major life activities; or (2) a record of such impairment; or (3) being perceived as having such an impairment.
Under the ADA , if an employer is considering two qualified applicants for a job, one disabled and the other not, then:
If both applicants are truly equal, the employer will be able to choose either without fear of legal ramifications.
The employer will have not violated the ADA if he/she chooses not to hire the disabled person because of disability or the requirement that an accommodation be made.
The disabled person will have to show that he/she is substantially better at the job to receive any legal support.
The employer will have violated the ADA if he/she chooses not to hire the disabled person because of the disability or the requirement that an accommodation be made.
The employer will have violated the ADA if he/she chooses not to hire the disabled person because of the disability or the requirement that an accommodation be made.
Based on the information in the text, the employer will have violated the ADA if he/she chooses not to hire the disabled person because of the disability or the requirement that an accommodation be made.
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.
Reasonable accommodation : discrimination
Disability : handicapped
Impairment : major life activity
Undue hardship : disability discrimination
Impairment : major life activity
The ADA did not initially define the terms “impairment” or “major life activity.” This created some difficulty for employers and courts alike in determining the parameters of the statute.
A qualified individual is one who:
Can participate in major life activities as defined by the EEOC and the Supreme Court
Passes the ADA exam
Has the skills, talents, education, and other abilities necessary to carry out the essential functions of the job
Has no disability
Has the skills, talents, education, and other abilities necessary to carry out the essential functions of the job
A qualified individual is one who has the skills, talents, education, and other abilities necessary to carry out the essential functions of the job.
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:
The individual meets the definition of disability
The employer needs to comply with ADA standards
The individual truly needs employment
The employer has a history of discrimination
The individual meets the definition of disability
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 the individual meets the definition of disability.
Which of the following options is not considered to be a disability?
Cancer
HIV
Diabetes
Gender Identity
Gender Identity
The ADAAA provides that sexual orientation, gender identity, and compulsive gambling are not disabilities.
A job function may be considered essential for any of several reasons, including:
A. The position exists to perform the function
B. There are a limited number of workers among whom the function may be distributed
C. The task is highly generalized
A and B
A and B
From the text, “A job function may be considered essential for any of several reasons, including: 1) the position exists to perform the function; 2) there is a limited number of workers among whom the function may be distributed; and 3) the task is highly specialized.”
Which of the following is not evidence of a task being essential?
High salary expectations for a specific task to be completed
Formal job descriptions prepared before the job is announced and filled
The consequences of the task not being done
The percentage of time spent on the job performing a function
High salary expectations for a specific task to be completed
Evidence of whether a particular task is essential may be found in: 1) formal job descriptions prepared before the job is announced and filled; 2) the percentage of time spent on the job performing a function; 3) the consequences of the task not being done; 4) the elements of a job deemed essential in a collective bargaining agreement; 5) work and educational experience required to undertake the task; and 6) work experience necessary.
An employer, before advertising a job and beginning the process of external hiring or internal promotion, should create a job description which details the ______ and _______ functions of the job position.
Essential and marginal
Essential and nominal
Marginal and tertiary
Marginal and economical
Essential and marginal
From the text, “The ADA does not require employers to engage in empirical job function analysis. However, from an efficiency and risk management point of view, employers should be able to defend an interpretation of essential job function. Therefore, an employer, before advertising a job and beginning the process of external hiring or internal promotion, should create a job description that details the essential and marginal functions of the job position.”
A covered employer must modify or adjust a job application process, work environment, job duties, or conditions or physical facilities to enable an otherwise qualified disabled employee to perform the essential function of a job. This is known as:
Reasonable accommodation
Social equality
Disability discrimination
Job specification
Reasonable accommodation
From the text, “Under the ADA, a covered employer must modify or adjust a job application process, work environment, job duties, or conditions or physical facilities to enable an otherwise qualified disabled employee to perform the essential function of a job.”
Which of the following is not a step in determining what accommodations are required for a job?
The employee determines which accommodation is reasonable and effective
The employee asks for an accommodation
A listing of possible accommodations is examined
The employer and employee engage in a joint determination regarding barriers to performance
The employee determines which accommodation is reasonable and effective
The employer is the one to decide if an accommodation is reasonable or not.
Which of the following is not a reasonable accommodation?
Providing large print documents
Ramps
Exceptions to seniority rules
Creating privacy barriers
Exceptions to seniority rules
Employers generally may not make exceptions to seniority rules or collective bargaining agreements.
What did Congress intend employers to do before claiming undue hardship?
Shoulder all the weight of providing accommodations
Seek external government funding
Hold internal fundraisers to provide for disabled employees’ needs
Have all other employees sign a petition as proof of undue hardship
Seek external government funding
From the text, “Congress intended that an employer seek external government funding, apply for tax incentives, and see if the disabled employee could bear some of the accommodation costs before claiming undue hardship.”
