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Paralegal > ADA > Flashcards

ADA Flashcards

1
Q

Prior Disability Legislation

A 
Architectural Barriers Act
Urban Mass Trans Act -- paratransit
Section 504 of the Rehab Act of 1973
Air Carrier Access Act of 1986
Individuals with Disabilities Education Act 
Fair Housing Act
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2
Q

What is the ADA?

A

It’s a Civil Rights Statute.

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3
Q

Who passed the ADA statute?

A

Congress

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4
Q

When was it signed into law?

A

1990

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5
Q

The different sections of the ADA are called …….

A

titles.

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6
Q

How many titles are there?

A

five

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7
Q

What are the five titles?

A 
Title I -- Employment
Title II -- State and Local Government
Title III -- Public Accommodations
Title IV -- Telecommunications
Title V -- Miscellaneous Provisions, including retaliation
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8
Q

Title I referes to?

A

employment

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9
Q

Definition of disability

A

An individual who has a physical or mental impairment that substantially limits one or more major life activities;
An individual who has a record of such an impairment; or
An individual who is regarded as having such an impairment

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10
Q

Physical or Mental Impairment types

A

Mental retardation, blind, bipolar, parkinson

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11
Q

Major Life Activities. Can you think of some?

A

breathing, standing, taking care of yourselve, hearing

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12
Q

Major Bodily Functions

A

Functions of the immune system;
Normal cell growth;
Digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

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13
Q

So if an individual has a physical or mental impairment that substantially limits one or more major life activities, which includes major bodily functions, then the person meets the first prong of the definition of disability. Is he coverd by the ADA?

A

YES

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14
Q

“record of” a disability.

What does this mean?

A

To prove you couldn’t work for a reason

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15
Q

regarded as” having a disability.

What does that mean?

A

The employer treats you like you are disable

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16
Q

In addition to meeting the definition of disability, the person must also be otherwise qualified to perform the………………………… with or without a reasonable accommodation.

A

essential functions of the job,

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17
Q

…………………………….. means that the person has the skills, education, experience and other job-related qualifications to perform the essential functions of the job, with or without reasonable accommodation.

A

Otherwise qualified”

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18
Q

What are essential functions?

A

Does the job exist to perform this function?
What is the degree of expertise or skill needed to perform the function?
What is the consequence of not requiring that an employee perform the function?
How often and how much time is spent performing the function?
Among how many others might the performance of the function be shared?

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19
Q

A ……………………………. is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy the benefits and privileges of employment equal to those enjoyed by employees without disabilities.

A

reasonable accommodation (RA)

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20
Q

Examples of reasonable accommodation are…….

A

Acquiring or modifying equipment or devices;
Part-time or modified work schedules;
Reassignment to a vacant position;
Adjusting or modifying exams, training materials, or policies;
Providing readers or interpreters; and
Making the workplace readily accessible to, and usable by, people with disabilities.

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21
Q

Title………… covers public entities – basically state, county, city governments, as well as private companies that contract with state, county, and city governments.

A

II

22
Q

Programs covered under Title II

A 
Services/benefits (food stamps, welfare)
Voting in state/local elections
Courts -- all levels and activities
Parks & Recreation programs, libraries
Jails, prisons, detention facilities
Town meetings
Police, sheriff, fire departments
Licensure/registration (marriage, voter registration, fishing, gaming)
Public schools -- all programs/activities
Public hospitals and health clinics
Probation departments & parole offices
Any entity that contracts with a state or local government entity
23
Q

Nondiscrimination Requirements

A

No Exclusion of People with Disabilities

Integrated Settings

24
Q

Integrated Setting is…….

A

Special programs are allowed;
Participation in separate programs cannot be required;
Accommodations must be offered in regular programs;
Right to refuse an accommodation.

25
Q

Is it OK to exclude Dave, an individual with a mobility disability, from a regular aerobics class since an adaptive exercise class is available?

A

no

26
Q

Is it OK for a county recreation program to prohibit persons who use wheelchairs from participating in a SCUBA diving class because the program director believes people who use wheelchairs cannot swim well enough?

A

No

27
Q

Can a swimming test be required of all participants?

A

Yes

28
Q

A taxi cab service that has a contract with the rapid transit authority has a no-pets policy and therefore refuses service to an individual who is blind and uses a service animal?
Can he refuse to take him?

A

No

29
Q

Is the modification in policies required when it would fundamentally alter the nature of the service, program or activity.

A

No

30
Q

In a city-run planetarium, an individual who is deaf requests that the lights be left on so that she can see the ASL interpreter. They refuse. Is that OK?

A

Yes, because it will alter the nature of the place

31
Q

To get a fishing or hunting license, you must go to the County Administrator’s office on the second floor of the Administration building, which is accessible only by stairs. Is that OK?

A

No

32
Q

Title……………. covers places of public accommodations.

A

III

33
Q

Can you name some public placess of accommodation?

A

Restaurants, hospital, hotel, Banks, gyms, airports.

34
Q

In a Law firm can disabilities question be asked if they are not part of the case?

A

no

35
Q

Can a law firm decline a client based on disability?

A

No

36
Q

Definition of service animal

A

Animal that can perform work or do a task for a person with disabilities

37
Q

Does a special animal has to have a special leash or harness?

A

No

38
Q

Does a special aniamal has to have a special training or certificate?

A

No

39
Q

What is an undue berden?

A

means significant difficulty or expense

40
Q

What is direct threat?

A

means a significant risk to the health or safety of others

41
Q

Mention some mythical defenses

A

“I was grandfathered in.”
“I can’t afford it.”
“I just lease the building.”
“We don’t see a lot of wheelchair people here.”

42
Q

Procedural Requirements
Title I – ——————-
Title II and III ———————–
Title IV ——————–

A

EEOC or TCHRA (Equal Employment Opportunity Commission)(Texas Commission on Human Rights Act)
DOJ (Department of Justice)
FCC (Federal Communications Commission)

43
Q

People with disabilities are:

A

friends, moms, dads, sons, daughters, bosses, brothers, sisters, leaders, scientists, doctors, lawyers, police officers, cooks, secretaries, accountants, therapists, dishwashers, nurses, teachers, aides, and presidents.

44
Q

They are, above all —————————-

A

people first!

45
Q

Who said “If thought corrupts language,

language can also corrupt thought.”

A

George Orwell

46
Q

The word ……………………….implies that something is broken or not functioning.

A

disabled

47
Q

Instead of saying: He’s mentally retarded or he is you should say

A

He has a cognitive disability

48
Q

Intead of She’s epileptic.

A

She has epilepsy.

49
Q

significant difficulty or expense means

A

Undeu berden

50
Q

a significant risk to the health or safety of others is a

A

Direct threat

Paralegal (25 decks)

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