Chat with AIExam 8: The Americans With Disabilities Act of 1990
What is the major judicial scenario in the ADA?
(32) 
VerifiedGutman et al 2010 stated that the most common claim made by plaintiffs is a failure to reasonably accommodate In such an instance, the plaintiff must prove they are disabled and qualified, as defined by the ADA Likewise, the plaintiff will have to make a facial showing that the requested accommodation would actually enable them to perform the essential job functions As a result, employers have several defensesThere are two statutory defenses, direct threat ie, the impairment endangers the plaintiff or others in the workplace and undue hardship ie, the requested accommodation imposes undue organizational difficulty or financial expense; usually used as a last-resort defenseThere are four common defenses in addition to the statutory defenses The first is that the plaintiff is not disabled within the bounds of the ADA Second is that a requested accommodation is unreasonable as a matter of law Third is that the plaintiff did not flexibly interact with the employer in order to attempt to discover a reasonable accommodation A final defense is that the plaintiff cannot perform one of the essential job functions even with accommodations ie, insurmountable barrier Under the McDonnell-Burdine scenario, the employer would have to show that the adverse employment decision was not causally connected to the disability
What are some best practices for reasonable accommodations?
(37) VerifiedBest practices for reasonable accommodations include encouraging employees to request flexible work arrangements Careful planning and implementation of these flexible work arrangements is also important Keeping in mind the structure of the job s is also vital Best practices frequently involve job restructuring, part-time work, and modified work schedules
How are these functions identified?
(42) VerifiedThese functions should be identified through a thorough job analysis A properly conducted job analysis conducted by a trained professional can and will identify the essential KSAs and duties of a position
What distinguishes an unreasonable request for accommodation from an undue hardship?
(34) For class membership inclusion, one must satisfy which of the following?
(49) What are the respective responsibilities of applicants or employees versus employers when negotiating reasonable accommodations?
(36) Which plaintiffs in which cases faced the "insurmountable barrier," and for what reasons?
(36) Explain the "reasonable mistake defense." What is the current status of this defense in the courts?
(34) What are the three ways of "being disabled" within the meaning of the ADA?
(36) Are federal employers covered under ADA? If not, how are they protected?
(42) 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
(32) Why are job restructuring, reassignment, and modified work schedules more likely to apply to employees rather than applicants?
(42) 
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