Deck 8: The Americans With Disabilities Act of 1990

Question 1

What are the three qualifications for meeting the first hurdle of class membership, i.e., the statutory definition of being disabled?

Answer 1

The first hurdle of class membership ie, being disabled may be satisfied in any of three ways:i A current physical or mental impairment that substantially limits a major life activityii A record or history of such impairmentiii Being regarded as physically or mentally impaired

Question 2

What is the second hurdle, and what are the two critical elements in its operationalization?

Answer 2

i. The individual possesses the KSAs necessary to perform all essential job functions
ii. The individual is capable of performing these duties with or without reasonable accommodation

Question 3

For class membership inclusion, one must satisfy which of the following?

A) Either hurdle
B) Both hurdles
C) The first hurdle is mandatory, the second is optional
D) The second hurdle is mandatory, the first is optional

Answer 3

B

Question 4

What are the three general covered practices?

Question 5

What are the employer defense strategies?

Question 6

Are federal employers covered under ADA? If not, how are they protected?

Question 7

According to ADAAA, what impairments have been designated as a disability as a matter of law?

Question 8

What type of mitigating measures does ADAAA require when assessing impairments?

Question 9

Explain the "reasonable mistake defense." What is the current status of this defense in the courts?

Question 10

How does ADA deal with the following? Are they protected? If so, then how?
a) Illegal drug use at work
b) Illegal drug use during non-work hours
c) Use or abuse of alcohol at work
d) Use or abuse of alcohol during non-work hours

Question 11

When might medical exams, and other inquiries into the nature or severity of a disability, take place?

Question 12

What role do "essential duties and associated KSAs" play in ADA and how may they create liability for the organization?

Question 13

What were the historical precursors to the ADA?

Question 14

What were the major weaknesses in RE-73 that motivated Congress to enact the ADA?

Question 15

What are the three ways of "being disabled" within the meaning of the ADA?

Question 16

What is the definition of "being qualified" within the meaning of the ADA?

Question 17

What are the implications of "being disqualified" for marginal versus essential job functions?

Question 18

What is the major judicial scenario in the ADA?

Question 19

Why are federal entities not covered in the ADA?

Question 20

What are the major distinctions between Sections 501 and 504 of RE-73 with respect to federal versus nonfederal employees?

Question 21

What major Supreme Court rulings were struck down in the ADAAA and which RE-73 ruling was supported?

Question 22

Which EEOC regulations were supported and struck down in the ADAAA?

Question 23

What were the major rulings in the Sutton, Murphy, and Kirkingburg cases partially or fully reversed in the ADAAA?

Question 24

How does the ADAAA resolve issues relating to working as a major life activity?

Question 25

What does it mean to face an "insurmountable barrier"?

Question 26

Which plaintiffs in which cases faced the "insurmountable barrier," and for what reasons?

Question 27

What major rules apply to alcoholism and alcohol abuse?

Question 28

How does the ADA define a "rehabilitated" drug addict?

Question 29

How does the direct threat statutory defense apply to AIDS and other threats to individual and workplace safety?

Question 30

What types of inquiries are prohibited at pre-employment?

Question 31

What types are permitted at pre-employment?

Question 32

What are the respective responsibilities of applicants or employees versus employers when negotiating reasonable accommodations?

Question 33

What are the eight reasonable accommodations codified in the ADA?

Question 34

Why are job restructuring, reassignment, and modified work schedules more likely to apply to employees rather than applicants?

Question 35

What restrictions apply to these three accommodations?

Question 36

What defenses are available and where do they best apply?

Question 37

Why is undue hardship a "last resort" defense?

Question 38

What distinguishes an unreasonable request for accommodation from an undue hardship?

Question 39

Why do employers use multiple defenses?

Question 40

Why is it important to identify essential job functions?

Question 41

How are these functions identified?

Question 42

Why is it best to adopt an overall selection strategy for complying with the ADA?

Question 43

What are some best practices for reasonable accommodations?

Question 44

What types of affirmative steps may employers take beyond the legal requirements of the ADA?