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Flashcards in ADA as Amended Deck (33):

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



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

Qualified individual



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

Essential functions

Reasonable accommodations


Define an "actual, present disability."

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


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

Within the normal range


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?

Most people in the general population.


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

In favor of.


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

False. One is enough


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



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

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


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?

Glass and/or eye contacts


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

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.


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?


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.


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

With out without accommodation

Essential functions


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



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



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



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.



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

Legitimate, Non-Discriminatory Reason

Undue Hardship

Direct threat

Job-related and Consistent with Business Necessity


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

SIGNIFICANT difficulty or expense


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

Title VII permits undue hardship to be de minimis.

The ADA requires undue hardship to be significant


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

Size and financial resources of the employer


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

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.


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



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

Significant risk.


A direct threat must be determined by objective what?

Medical judgment


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 . . . .

Job-related and consistent with business necessity

Reasonable accommodation.


Does the ADA exclude current drug users from coverage?



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

Their addiciton


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

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


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

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


Does testing for illegal drugs count as a medical exam?



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

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