ADA Compliance and Reasonable Accommodation Flashcards

An employee with chronic back pain requests a standing desk. The employer denies it citing cost. Which ADA concept applies to this analysis?

Answer: Undue hardship

The employer must evaluate whether the cost of the accommodation creates an undue hardship relative to its financial resources and operations.

What does 'regarded as having a disability' mean under the ADA?

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.

Under the ADA, a 'qualified individual with a disability' is someone who:

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.

Which federal agency enforces Title I (employment) provisions of the ADA?

Answer: Equal Employment Opportunity Commission (EEOC)

The EEOC enforces ADA Title I, which prohibits disability discrimination in employment.

When may an employer ask an employee about a disability or require a medical examination?

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.

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?

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.