Deck 19: Americans With Disabilities Act and Related Laws That Promote Participation in Work, leisure, and Activities of Daily Living

Question 1

For the purposes of determining application of the ADA,"essential job functions" are best determined _________________.

A) On a case-by-case basis, looking at the facts of each situation
B) By the supervisor of the department
C) By the employees doing the job
D) By the written job description

Answer 1

A
There are many factors that determine essential functions of a job; therefore it has to be considered on a case-by-case basis.The Equal Employment Opportunity Commission (EEOC)and the courts will look at seven functions to determine essential functions.

Question 2

At which stage of the hiring process can an employer give a functional capacity assessment?

A) Pre-offer stage
B) Post-offer stage
C) During the medical exam
D) During the interview

Answer 2

B
During the pre-offer stage in hiring,the employer may conduct a simple agility test that has certain regulations to prevent discrimination.During the post-offer stage,employers may conduct agility tests,medical exams,pre-employment physicals,pre-employment screening,and functional capacity assessments.These tests should all be related to essential functions of the job.

Question 3

The Air Carrier Access Act of 1986 (ACAA)prohibits discrimination against people with disabilities by air carriers.However,airlines may exclude someone from flying if _______________.

A) The person's disability results in an appearance that would offend someone
B) There is a risk of affecting the safety of the flight
C) There are other people with disabilities on the flight already and the staff would be inconvenienced
D) They did not give prior notice of special needs to preboard

Answer 3

B
Airline carriers may not deny transportation to qualified individuals with a disability unless carrying them would be "inimical to the safety of the flight." This is consistent with the direct threat criteria under the ADA.Airlines do require 48 hours' notice if the disabled passenger requires oxygen or is transporting a power wheelchair and to provide an on-board wheelchair in an aircraft that lacks an accessible bathroom.

Question 4

What year did Congress pass the Americans with Disabilities Act (ADA)?

A) 1973
B) 1990
C) 2002
D) 1969