CRC Disability Law 4 — Questions and Answers
Question 1: Under the ADA, 'direct threat' as a defense to employment discrimination requires that the threat be:
- Speculative based on the nature of the disability
- A significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation (Correct answer)
- Any risk identified by a licensed physician
- Present only when the employee's disability is visible to coworkers
Correct answer: A significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation
A 'direct threat' must be a significant risk of substantial harm based on an individualized assessment, not speculation, and cannot be mitigated by reasonable accommodation.
Question 2: The Rehabilitation Act of 1973, Section 503, requires which entities to take affirmative action to employ individuals with disabilities?
- All private employers with 15 or more employees
- Federal contractors and subcontractors with contracts over $10,000 (Correct answer)
- State vocational rehabilitation agencies only
- Employers receiving any form of state or federal subsidy
Correct answer: Federal contractors and subcontractors with contracts over $10,000
Section 503 requires federal contractors and subcontractors with contracts exceeding $10,000 to take affirmative action to employ qualified individuals with disabilities.
Question 3: Which law created the Protection and Advocacy (P&A) system to protect the rights of individuals with developmental disabilities?
- ADA Title V
- Developmental Disabilities Assistance and Bill of Rights Act (Correct answer)
- Rehabilitation Act Section 504
- Social Security Act Title XVI
Correct answer: Developmental Disabilities Assistance and Bill of Rights Act
The Developmental Disabilities Assistance and Bill of Rights Act established the P&A system to advocate for and protect the rights of individuals with developmental disabilities.
Question 4: Under IDEA, a student's Individualized Education Program (IEP) transition plan must be initiated by what age?
- 14
- 16 (Correct answer)
- 18
- 21
Correct answer: 16
IDEA requires that transition planning be included in the IEP no later than the student's 16th birthday (some states require earlier).
Question 5: What is the statute of limitations for filing an ADA employment discrimination charge with the EEOC in states with a local fair employment agency?
- 90 days
- 180 days
- 300 days (Correct answer)
- 365 days
Correct answer: 300 days
In states with a local or state fair employment practices agency (deferral states), the charge must be filed with the EEOC within 300 days of the discriminatory act.
Question 6: The ADA's Title III requirement for 'readily achievable' barrier removal applies to which entities?
- Federal government buildings
- Places of public accommodation operated by private entities (Correct answer)
- State and local government facilities
- Employers with 15 or more employees
Correct answer: Places of public accommodation operated by private entities
Title III requires private places of public accommodation to remove architectural barriers when doing so is 'readily achievable' (easily accomplishable without much difficulty or expense).
Question 7: Under the ADA, which of the following is NOT a required element when documenting a disability for accommodation purposes?
- Functional limitations related to the disability
- How the disability affects major life activities
- The specific diagnosis in ICD-10 code format (Correct answer)
- Recommended accommodations from a healthcare provider
Correct answer: The specific diagnosis in ICD-10 code format
The ADA does not require documentation in ICD-10 code format; functional limitations and their impact are the key documentation elements.
CRC Disability Law 4
Under the ADA, 'direct threat' as a defense to employment discrimination requires that the threat be: