Question 1

What is the major judicial scenario in the ADA?

Accepted Answer

Gutman 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

Question 2

What are some best practices for reasonable accommodations?

Accepted Answer

Best 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

Question 3

How are these functions identified?

Accepted Answer

These 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

Question 4

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

Accepted Answer

The answer of What distinguishes an unreasonable request for accommodation...

Question 5

What are the employer defense strategies?

Accepted Answer

The answer of What are the employer defense strategies?...

Question 6

What types of inquiries are prohibited at pre-employment?

Accepted Answer

The answer of What types of inquiries are prohibited at...

Question 7

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

Accepted Answer

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

Question 8

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

Accepted Answer

The answer of What are the respective responsibilities of applicants...

Question 9

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

Accepted Answer

The answer of Which plaintiffs in which cases faced the...

Question 10

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

Accepted Answer

The answer of Explain the "reasonable mistake defense." What is...

Question 11

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

Accepted Answer

The answer of Which EEOC regulations were supported and struck...

Question 12

Why is undue hardship a "last resort" defense?

Accepted Answer

The answer of Why is undue hardship a "last resort"...

Question 13

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

Accepted Answer

The answer of What are the three ways of "being...

Question 14

Why do employers use multiple defenses?

Accepted Answer

The answer of Why do employers use multiple defenses?...

Question 15

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

Accepted Answer

The answer of Are federal employers covered under ADA? If...

Question 16

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

Accepted Answer

The answer of What does it mean to face an...

Question 17

What types are permitted at pre-employment?

Accepted Answer

The answer of What types are permitted at pre-employment?...

Question 18

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

Accepted Answer

The answer of How does the ADA define a "rehabilitated"...

Question 19

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

Accepted Answer

The answer of How does ADA deal with the following?...

Question 20

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

Accepted Answer

The answer of Why are job restructuring, reassignment, and modified...

Exam 8: The Americans With Disabilities Act of 1990