Title I
An employer does not have to provide a reasonable accommodation that would cause an "_______"
What is an undue hardship?
True or False: Disclosing a disability is not required
What is true?
When an employee gives notice of a disability and the need for accommodation after a performance problem has occurred, reasonable accommodation ___ ____ that the employer withhold disciplinary action.
What is does not require?
May an employer ask applicants to "self-identify" as individuals with disabilities for purposes of the employer's affirmative action program?
Yes. An employer may invite applicants to voluntarily self-identify for purposes of the employer's affirmative action program if the employer is undertaking affirmative action because of a federal, state, or local law that requires affirmative action for individuals with disabilities or the employer is voluntarily using the information to benefit individuals with disabilities.
A determination of undue hardship should be based on several factors, including:
What is the impact on the employer, including the structure and functions of the workforce
A candidate who is determining whether or not to disclose their disability decides when _______.
What is the right time?
Generally employers should ask all job applicants the same questions, but an employer may ask a job applicant with a disability questions once it is a "_____ ________"
What is known disability?
Is an employer required to provide the reasonable accommodation that the individual wants?
The employer may choose among reasonable accommodations as long as the chosen accommodation is effective. Thus, as part of the interactive process, the employer may offer alternative suggestions for reasonable accommodations and discuss their effectiveness in removing the workplace barrier that is impeding the individual with a disability.
Undue hardship means “__________________”
What is significant difficulty or expense?
- The specific accommodations needed (JAWS, ZoomText, flexible work schedule or others)
- The cost associated with each accommodation and where there it can be obtain and purchased (it is their responsibility to purchase but you can tell them how inexpensive it is)
Does an employer have to grant a reasonable accommodation to an employee with a disability who waited until after attendance problems developed to request it?
An employer may impose disciplinary action, consistent with its policies as applied to other employees, for attendance problems that occurred prior to a request for reasonable accommodation. However, if the employee’s infraction does not merit termination but some lesser disciplinary action (e.g., a warning), and the employee then requests reasonable accommodation, the employer must consider the request and determine if it can provide a reasonable accommodation without causing undue hardship.
When the disability and/or the need for accommodation is _______, the employer may ask the person for reasonable documentation about his disability and functional limitations
What is not obvious?
Lowering a __________ standard because an employee cannot meet it due to a disability is not required as a reasonable accommodation.
What is performance?
T/F: An employer is able to ask a candidate disability related questions
What is false?
After an employer has obtained basic medical information from all individuals who have been given conditional offers in a job category, may it ask specific individuals for more medical information?
Yes, if the follow-up examinations or questions are medically related to the previously obtained medical information. Example: At the post-offer stage, an employer asks new hire whether they have had back injuries, and learns that some of the individuals have had such injuries. The employer may give medical examinations designed to diagnose back impairments to persons who stated that they had prior back injuries, as long as the examinations are medically related to the injuries.
Title I of the ADA covers ____________, where an employer may request this if it is required for all entering employees in similar jobs.
What is medical examinations?
The _________________ provides free, individual accommodation consultation with employers, employees, people with disabilities, rehabilitation counselors and other
What is the Job Accommodation Network or JAN?
The ADA recognizes the need to balance the rights of people with disabilities against the legitimate interests of employers in maintaining a safe workplace; so it allows employers to exclude individuals who pose a “_______” to the health or safety of the individual or of others.
What is direct threat?
Pre-Offer employers may ask which of the following?
What is :
Require medical examinations.
Ask disability-related questions.
Ask about an applicant’s workers' compensation history.
Ask how many days an applicant was out sick in a previous job.
Ask whether an applicant will need reasonable accommodation on the job (except in the limited circumstance discussed previously).?
May an employer ask whether applicants can perform major life activities, such as standing, lifting, walking, etc.?
Questions about whether an applicant can perform major life activities are almost always disability-related because they are likely to elicit information about a disability. For example, if an applicant cannot stand or walk, it is likely to be a result of a disability. So, these questions are prohibited at the pre-offer stage unless they are specifically about the ability to perform job functions.