LEGALANSWERBOOKS.COM Douglas G. Griffin, ESQ LegalAnswerBooks.com EMPLOYMENT LAW GAME ADA Edition

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LEGALANSWERBOOKS.COMDouglas G. Griffin, ESQLegalAnswerBooks.com EMPLOYMENT LAW GAMEADAEdition

1Which of the following conditions constitute a disability under the ADA?LegalAnswerBooks.comAn employee who submits a diagnosis of cancer.

An impairment that substantially impacts only eating.

An employee with an impairment which substantially limits a major life activity but the impact is not severe.

D. An employee who is disabled only when failing to take prescription medication that controls the condition.Which of the following conditions constitute a disability under the ADA?LegalAnswerBooks.comWhat is considered a disability in regards to the Americans with Disabilities Act?

In general. Disability means, with respect to an individuala.A physical or mental impairment that substantially limits one or more of the major life activities of such individual;b.A record of such an impairment; orc.Being regarded as having such an impairment. 42 U.S.C.A. 12102; 29 C.F.R. 1630.2Correct Answer: B. An impairment that substantially impacts only eating.LegalAnswerBooks.comHow did the Americans with Disability Act Amendments Act of 2008 modify the previous analytical framework for determining whether an impairment constitutes a disability?The ADAAA clarified Congress's intent with respect to the term disability in three major ways. First, the law makes clear that eating is a major life activity under the Act.

Correct Answer: C. An employee with an impairment which substantially limits a major life activity but the impact is not severe.LegalAnswerBooks.comHow did the Americans with Disability Act Amendments Act of 2008 modify the previous analytical framework for determining whether an impairment constitutes a disability?The ADAAA clarified Congress's intent with respect to the term disability in three major ways. . . . Second, the ADAAA states that the standard articulated in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002)-that substantially limits means prevents or severely restricts- created an inappropriately high level of limitation necessary to obtain coverage under the ADA.

Incorrect Answer: A. An employee who submits a diagnosis of cancer.LegalAnswerBooks.comIs proof of a medical diagnosis alone sufficient to establish a disability?

No. The existence of a medical condition alone is insufficient to satisfy the ADA. It is well-established that a particular diagnosis, no matter how severe (or severe-sounding to the layperson), standing alone, is not sufficient to establish disability. Rather, the inquiry as to disability is to be made on a case-by-case basis. The ADA requires evidence that the extent of the limitation caused by their impairment in terms of their own experience is substantial; An employee cannot rely on the name or diagnosis of the impairment; rather, he must show the effect of that impairment on him.

Incorrect Answer: D. An employee who is disabled only when failing to take prescription medication that controls the condition.LegalAnswerBooks.comHow did the Americans with Disability Act Amendments Act of 2008 modify the previous analytical framework for determining whether an impairment constitutes a disability?The ADAAA clarified Congress's intent with respect to the term disability in three major ways. . . . Third, the ADAAA rejects the requirement enunciated in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) that whether an impairment substantially limits a major life activity is to be determined with reference to mitigating measures. The ADAAA makes explicit that the substantially limits inquiry must be made without regard to the ameliorative effects of mitigating measures such as medication, medical supplies, equipment, or appliances; use of assistive technology; reasonable accommodations or auxiliary aids or services; or learned behavioral or adaptive neurological modifications.

Which of the following disabled individuals may be entitled to protections of the ADA?LegalAnswerBooks.comA person who is able to perform the essential functions of a job, but lacks educational pre-requisites.

A person who is only a threat to himself.

A current alcoholic.

D. A current illegal drug user

What is meant by a qualified individual with a disability under the Americans with Disabilities Act?The term qualified, with respect to an individual with a disability, means that the individual satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires and, with or without reasonable accommodation, can perform the essential functions of such position. Is a person a person that poses a direct threat to the health or safety of self/or others a qualified individual with a disability?Generally, not. An employer may require, as a qualification standard, that an individual not pose a direct threat to the health or safety of himself/herself or others. Like any other qualification standard, such a standard must apply to all applicants or employees and not just to individuals with disabilities. If, however, an individual poses a direct threat as a result of a disability, the employer must determine whether a reasonable accommodation would either eliminate the risk or reduce it to an acceptable level. If no accommodation exists that would either eliminate or reduce the risk, the employer may refuse to hire an applicant or may discharge an employee who poses a direct threat. Correct Answer: C. A current alcoholic.LegalAnswerBooks.comCan alcoholism qualify as a disability under the ADA?Yes. Alcoholism may qualify as a disability if it substantially limits one or more major life activities. 42 U.S.C. 12102(1). A substantial limitation is a limitation that renders an individual unable to perform a major life activity or that significantly restricts an individual in performing a major life activity. 29 C.F.R. 1630.2(j). Major life activities can include caring for oneself, sleeping, walking and working. 42 U.S.C. 12102(2). However, an employees discrimination and failure-to-accommodate claims will fail if an employer takes adverse employment action because the employee came to work under the influence of alcohol.

Incorrect Answer: A. A person who is able to perform the essential functions of a job, but lacks educational pre- requisites.LegalAnswerBooks.comWhat must an employee prove to establish that she is a qualified individual with a disability for purposes of a reasonable accommodation claim? The protections of the ADA extend only to qualified individuals with a disability. When determining whether a person is a qualified individual under the ADA, courts undertake a two-part inquiry and consider whether, at the time of the termination decision, the employee: 1) satisfies the employer's legitimate selection criterion for the job; and 2) is capable of performing the job's essential functions with or without reasonable accommodation from an employer. This latter element requires that she was able to still perform at a meets expectation level.

Incorrect Answer: B. A person who is only a threat to himself.LegalAnswerBooks.comIs a person who poses a direct threat to self a Qualified Individual with a Disability?No. An employer is permitted to require that an individual not pose a direct threat of harm to his or her own safety or health. If performing the particular functions of a job would result in a high probability of substantial harm to the individual, the employer could reject or discharge the individual unless a reasonable accommodation that would not cause an undue hardship would avert the harm.

Incorrect Answer: D. A current illegal drug userLegalAnswerBooks.comIs a person currently engaging in illegal drug use a Qualified Individual with a Disability?No. The terms disability and qualified individual with a disability do not include individuals currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.Is a former drug user a Qualified Individual with a Disability?LegalAnswerBooks.comYes. The terms disability and qualified individual with a disability include an individual who:

A.Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs; or

B.Is participating in a supervised rehabilitation program and is no longer engaging in such use; or

C.Is erroneously regarded as engaging in such use, but is not engaging in such use.Is a person protected as a former drug user as soon as he ceases drug use and enters treatment?LegalAnswerBooks.comNo. Section 12114(b) applies only to individuals who have been drug-free for a significant period of time. Neither does the analysis change based on an employee's candor with his employer about his addiction: Self-reporting does not propel [a plaintiff] into the safe harbor's protection simply because he had entered a rehabilitation program before the adverse employment action was taken. To the contrary, a significant period of recovery is required for an employee to qualify for the safe harbor, regardless of how his addiction is discovered.What process should generally be used to establish a reasonable accommodation?LegalAnswerBooks.comThe employee must request an accommodation when the need is not obvious.

The employer must offer accommodation when the need is obvious.

The employer and employee must both discuss the requirements for a reasonable accommodation.

D. The accommodation offered must be best accommodation possible.

Correct Answer A. The employee must request an accommodation when the need is not obvious.LegalAnswerBooks.comWhat is the emplo