CDS Disability Laws & Regulations 2 — Questions and Answers
Question 1: Under the ADA, which entity is responsible for enforcing Title I employment provisions?
- Department of Justice
- Equal Employment Opportunity Commission (EEOC) (Correct answer)
- Department of Labor
- Office of Civil Rights
Correct answer: Equal Employment Opportunity Commission (EEOC)
The EEOC enforces ADA Title I, which prohibits disability discrimination in employment for employers with 15 or more employees.
Question 2: Section 504 of the Rehabilitation Act applies to programs that receive:
- State funding only
- Private foundation grants
- Federal financial assistance (Correct answer)
- Revenue from ticket sales
Correct answer: Federal financial assistance
Section 504 prohibits disability discrimination in any program or activity receiving federal financial assistance.
Question 3: The 'interactive process' under the ADA refers to:
- A computer-based accommodation request system
- An employer-employee dialogue to identify effective accommodations (Correct answer)
- A mandatory mediation program for ADA disputes
- Online training for HR professionals
Correct answer: An employer-employee dialogue to identify effective accommodations
The interactive process is a good-faith dialogue between employer and employee to explore and identify reasonable accommodations.
Question 4: Which law specifically guarantees students with disabilities a Free Appropriate Public Education (FAPE)?
- Section 504
- ADA Title II
- IDEA (Individuals with Disabilities Education Act) (Correct answer)
- Rehabilitation Act Title V
Correct answer: IDEA (Individuals with Disabilities Education Act)
IDEA mandates FAPE for eligible students with disabilities from birth through age 21 in public schools.
Question 5: An employer may ask about an applicant's disability:
- At any point during the hiring process
- Only after a conditional job offer is made (Correct answer)
- During a pre-employment physical exam before any job offer
- Never, under any circumstances
Correct answer: Only after a conditional job offer is made
Under the ADA, medical inquiries and exams may only occur after a conditional job offer has been extended.
Question 6: The Fair Housing Act (FHA) requires that multifamily housing built after March 13, 1991 include:
- Elevators in all buildings
- Accessible design features in covered dwellings (Correct answer)
- Designated parking for all tenants
- Visual fire alarms in every unit
Correct answer: Accessible design features in covered dwellings
The FHA mandates accessible design and construction requirements for covered multifamily housing built for first occupancy after March 13, 1991.
Question 7: Which provision of the ADA prohibits retaliation against individuals who file disability discrimination complaints?
- Title I, Section 102
- Title V, Section 503 (Correct answer)
- Title III, Section 302
- Title II, Section 202
Correct answer: Title V, Section 503
ADA Title V, Section 503 prohibits retaliation, coercion, or interference against anyone exercising rights under the ADA.
CDS Disability Laws & Regulations 2
Under the ADA, which entity is responsible for enforcing Title I employment provisions?