ADA as Amended

Question 1

Congress amended the ADA is 2009 in order to ______ coverage.

Answer 1

Broaden.

Question 2

To claim protection under the ADA, a plaintiff must be a ______ ______, discriminated against on the basis of _________

Answer 2

Qualified individual

Disability

Question 3

The plaintiff in an ADA discrimination case must be a qualified individual who can perform the . . . of the job, with or without . . . .

Answer 3

Essential functions

Reasonable accommodations

Question 4

Define an “actual, present disability.”

Answer 4

A physical or mental impairment that substantially limits one or more of the major life activities of an individual.

Question 5

Physical characteristics like weight, height, and eye color are NOT included as a physiological disorder when they are . . .

Answer 5

Within the normal range

Question 6

The EEOC’s new regulation on “substantially limits” defines an impairment as a disability if it substantially limits the ability of an individual to perform a major life activity compared to whom?

Answer 6

Most people in the general population.

Question 7

The EEOC’s new definition of impairment notes that the language should be construed in favor of/against broad coverage

Answer 7

In favor of.

Question 8

True or false: An impairment must substantially limit more than one major life activity to be considered a disability.

Answer 8

False. One is enough

Question 9

When evaluating whether a limitation constitutes an impairment, it must be considered with/without regard to corrective measures.

Answer 9

Without.

Question 10

An impairment that is episodic or in remission is a disability if . . .

Answer 10

It would substantially limit one or more life activities when active.

Question 11

As a general rule, whether a limitation constitutes an impairment, it must be considered without regard to corrective measures. What is the exception to this rule?

Answer 11

Glass and/or eye contacts

Question 12

An individual meets the definition of “being regarded as having an impairment” if she can establish what?

Answer 12

That she has been subjected to an action prohibited under the ADA because of an actual or perceived impairment, whether or not the impairment substantially limits or is perceived to limit a life activity.

Question 13

When thinking of an individual who may or may not meet the defintion of being regarded as having an impairment, who do we think of? Why?

Answer 13

Rudolph.

Everyone thought his red nose was an impairment, even though it wasn’t. Because everyone regarded it as such, however, Rudolph would have been considered disabled under the ADA.

Question 14

The ADA defines a qualified individual as someone who _______________________ can perform the _______________ of the job.

Answer 14

With out without accommodation

Essential functions

Question 15

True or false: An employer’s job description is afforded deference in determining what counts as an essential function of the job.

Answer 15

True

Question 16

Is regular and timely attendance considered an essential function of the job?

Answer 16

Yes

Question 17

Can a court consider cost to the employer when determining whether an accommodation is reasonable?

Answer 17

Yes

Question 18

True or False: Failure to provide a reasonable accommodation is not in and of itself a separate cognizable claim. Instead, it must come in under on of the five primary claims.

Answer 18

False.

Question 19

What 4 defenses are available to rebut a claim of failure to make a reasonable accommodation?

Answer 19

Legitimate, Non-Discriminatory Reason

Undue Hardship

Direct threat

Job-related and Consistent with Business Necessity

Question 20

Under the ADA, undue hardship is an accommodation requiring . . .

Answer 20

SIGNIFICANT difficulty or expense

Question 21

How does the ADA’s definition of undue hardship differ from that of Title VII.

Answer 21

Title VII permits undue hardship to be de minimis.

The ADA requires undue hardship to be significant

Question 22

Under the ADA, what two factors do you consider when determining whether there is undue hardship?

Answer 22

Size and financial resources of the employer

Question 23

How does the direct threat defense to a claim of failure to make a reasonable accommodation work?

Answer 23

An employer may require that an individual shall not pose a direct threat to the health and safety of himself or others in the workplace.

Question 24

A direct threat defense will be viewed with/without regard to a reasonable accommodation.

Answer 24

With

Question 25

A direct threat is a _____ ______ to the health or safety of others that cannot be eliminated by reasonable accommodation.

Answer 25

Significant risk.

Question 26

A direct threat must be determined by objective what?

Answer 26

Medical judgment

Question 27

Employers may justify their use of qualification standards that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability so long as such standards are . . . . . AND performance cannot be accomplished by . . . .

Answer 27

Job-related and consistent with business necessity

Reasonable accommodation.

Question 28

Does the ADA exclude current drug users from coverage?

Answer 28

Yes

Question 29

Although current drug users are excluded from coverage, the ADA does protect alcoholics and drug addicts from discrimination on the basis of . . .

Answer 29

Their addiciton

Question 30

What does “current” mean in terms of current drug or alcohol use?

Answer 30

Current means that the drug use was sufficiently recent to justify the employer’s reasonable belief that the drug abuse remained an ongoing problem.

Question 31

An employer ma inquire into an applicant’s ability to do the job and may condition the offer of employment on the results of med. exam. PROVIDED THAT

Answer 31

All entering employees are subject to a med. exam. and the results are kept confidential.

Question 32

Does testing for illegal drugs count as a medical exam?

Answer 32

No

Question 33

When and only when can an employer require medical exams and inquiries of current employees?

Answer 33

When the exam or inquiry is job related and consistent with business necessity (+ confidential)