ADA - Title I

Disability inquiry

A question (or series of questions) that is likely to elicit information about a disability.

Marginal job functions

Duties that are infrequently performed and are not key to the overall purpose of the position.

An employer does not have to eliminate an _____ function, i.e., a fundamental duty of the position, as a reasonable accommodation.

Essential

An employer may not prohibit the illegal use of drugs or the use of alcohol at the workplace. T/F

False

Undue _____ refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.

Hardship

An employer can require documentation to support the need for an accommodation in the following circumstances:

If an employee's disability and need for accommodation are not obvious

When an employer obtains disability or medical information about an employee as a result of a request for a reasonable accommodation, that information must be kept in:

In a separate, locked confidential file to which only limited access is permitted.

If the disability and the need for accommodation are not _____, the employer may require documentation to establish that the person has an ADA disability, and that the disability necessitates a reasonable accommodation.

Obvious

Direct threat

Significant risk of substantial harm based on a specific, current identified risk supported by objective medical or other factual evident. Can't be based on speculation, stereotypes or generalizations.

Requests for reasonable accommodation do not need to be in _____ but can be verbal.

Writing

Medical examinations are permitted:

After an applicant is given a conditional job offer, but before s/he starts work, as long as it's required for all entering employees in the same job category.

Undue hardship

An accommodation that would be too difficult, disruptive, or expensive to provide, in light of the employer's size, financial resources, and the needs of the business or that would fundamentally alter the nature or operation of the business.

Qualified individual with a disability

An individual who satisfies the requisite skill, experience, education and other job-related requirements of the position, and who can perform the essential functions of the position with or without reasonable accommodation.

Reasonable accommodation

Any change in the work environment or in the way things are usually done to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.

Employees with disabilities must meet the same performance and _____ standards as every other employee. This means, for example, that an employer never has to tolerate or excuse violence, threats of violence, stealing, or destruction of property.

Conduct

Any medical or disability related information an employer obtains from an employee must be kept in a separate, _____ record, in a secure file kept apart from regular personnel records, and information can only be shared in limited circumstances.

Confidential

An employer should respond promptly to a request for reasonable accommodation because unnecessary _____ may result in a violation of the ADA.

Delays

Appropriate professionals that can provide _____ include doctors, psychiatrists, psychologists, nurses, physical therapists, occupational therapists, speech therapists, vocational rehabilitation specialists, and licensed mental health professionals.

Documentation

An _____ cannot ask for additional documentation when an individual has already provided sufficient information to substantiate that s/he has an ADA disability and needs the reasonable accommodation requested. 6

Employer

Under the ADA, employers must give preferential treatment to people with disabilities. T/F

False

Under the ADA, employers must provide affirmative action for individuals with disabilities. T/F

False

Under the ADA, employers must provide any accommodations that an applicant or employee with a disability requests. T/F

False

Essential functions

Fundamental, core job duties that are the reason the position exists.

Documentation to support the need for accommodation should include the following:

Information needed to establish that a person has an ADA disability, and that the disability necessitates a reasonable accommodation

When an employer receives a request for reasonable accommodation, the employer should engage the individual in an informal, _____ process in which both parties have the opportunity to suggest potential effective accommodations.

Interactive

Absent undue hardship, permitting the use of accrued paid or unpaid _____ can be a reasonable accommodation if necessitated by an employee's disability.

Leave

An employer generally cannot request a person's complete _____ records because those likely contain health information unrelated to the disability of concern and the need for accommodation.

Medical

Appropriate professionals who can provide documentation to support the need for a reasonable accommodation include:

Medical doctors, vocational rehabilitation specialists, and licensed mental health counselors

Medical examinations or inquiries of an employee must be job-related and consistent with business _____.

Necessity

_____ to a vacant position for which the employee is qualified is the reasonable accommodation of last resort and is required only after all other reasonable accommodation possibilities have been exhausted.

Reassignment

It is unlawful for an employer to _____ against someone who files a charge of discrimination, participates in an investigation, or opposes discriminatory practices.

Retaliate

Employers may be eligible for _____ credits or deductions to help offset the cost of providing accommodations.

Tax

The following is not considered a medical exam:

Tests to determine the current illegal use of drugs, physical agility and fitness tests which measure an employee's ability to perform job tasks, and psychological tests that measure personality traits such as honesty, preferences, and habits

Employees with disabilities must be able to perform the essential functions of the job with or without accommodation. T/F

True

Employees with disabilities must meet the same performance and conduct standards of all other employees. T/F

True

Employers must provide reasonable accommodations that will allow employees with disabilities to participate in employer sponsored social activities. T/F

True

Employers with fewer than 15 employees are not covered by the ADA. T/F

True

Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision. T/F

True

Online applications must be accessible to screen readers so individuals with disabilities have equal opportunity to apply or the employer must provide some other means of application that is accessible. T/F

True

The ADA requires an employer to provide reasonable accommodation to an applicant or employee with a disability, unless doing so would cause an undue hardship. T/F

True

When an applicant or employee requests a reasonable accommodation, the employer may request documentation of disability and/or need for the accommodation if these are not obvious. T/F

True