CDMS ADA Compliance and Reasonable Accommodation 2 — Questions and Answers
Question 1: An employee with chronic back pain requests a standing desk. The employer denies it citing cost. Which ADA concept applies to this analysis?
- Direct threat
- Undue hardship (Correct answer)
- Essential functions
- Regarded as disabled
Correct answer: Undue hardship
The employer must evaluate whether the cost of the accommodation creates an undue hardship relative to its financial resources and operations.
Question 2: What does 'regarded as having a disability' mean under the ADA?
- The employee has a documented medical diagnosis of a disability
- An employer takes an adverse action because of an actual or perceived physical or mental impairment (Correct answer)
- A co-worker reports that the employee seems disabled
- The employee has applied for SSDI benefits
Correct answer: An employer takes an adverse action because of an actual or perceived physical or mental impairment
The 'regarded as' prong protects employees from discrimination based on an employer's perception of impairment, even if no actual disability exists.
Question 3: Under the ADA, a 'qualified individual with a disability' is someone who:
- Has a disability recognized by the Social Security Administration
- Can perform the essential functions of the job with or without reasonable accommodation (Correct answer)
- Is currently receiving workers' compensation benefits
- Has been employed for at least one year
Correct answer: Can perform the essential functions of the job with or without reasonable accommodation
Qualification under the ADA requires that the individual can perform the job's essential functions with or without reasonable accommodation.
Question 4: Which federal agency enforces Title I (employment) provisions of the ADA?
- Department of Labor (DOL)
- Equal Employment Opportunity Commission (EEOC) (Correct answer)
- Department of Justice (DOJ)
- Office of Federal Contract Compliance Programs (OFCCP)
Correct answer: Equal Employment Opportunity Commission (EEOC)
The EEOC enforces ADA Title I, which prohibits disability discrimination in employment.
Question 5: When may an employer ask an employee about a disability or require a medical examination?
- At any time during employment
- Only before a conditional job offer is made
- After a conditional job offer is made and during employment for job-related reasons (Correct answer)
- Never, under any circumstances
Correct answer: After a conditional job offer is made and during employment for job-related reasons
Post-offer medical exams are permitted if required of all entering employees in the same job category, and during employment only when job-related and consistent with business necessity.
Question 6: Which ADA concept protects an employer from being required to accommodate an employee whose disability poses a significant risk of substantial harm to themselves or others?
- Essential functions doctrine
- Undue hardship
- Direct threat (Correct answer)
- Business necessity
Correct answer: Direct threat
The 'direct threat' defense allows an employer to refuse accommodation if the individual poses a significant risk of substantial harm that cannot be reduced by reasonable accommodation.
CDMS ADA Compliance and Reasonable Accommodation 2
An employee with chronic back pain requests a standing desk.
The employer denies it citing cost.
Which ADA concept applies to this analysis?