CRC Disability Law 5 — Questions and Answers
Question 1: Which legal doctrine holds that disability-neutral policies that disproportionately exclude people with disabilities may constitute illegal discrimination?
- Pretext doctrine
- Disparate impact theory (Correct answer)
- Direct threat standard
- Undue hardship defense
Correct answer: Disparate impact theory
Disparate impact theory holds that facially neutral policies that disproportionately affect protected groups, including people with disabilities, can constitute unlawful discrimination.
Question 2: Under the Social Security Act, 'Trial Work Period' (TWP) allows SSDI beneficiaries to test their ability to work while:
- Immediately losing their disability benefits upon starting work
- Continuing to receive full SSDI benefits for up to 9 months within a 60-month period (Correct answer)
- Receiving only partial SSDI benefits based on earnings
- Receiving extended Medicare only, not cash benefits
Correct answer: Continuing to receive full SSDI benefits for up to 9 months within a 60-month period
During the Trial Work Period, SSDI beneficiaries can work for up to 9 months within a rolling 60-month period while receiving full benefits regardless of earnings.
Question 3: The ADA's 'regarded as' prong of the disability definition protects individuals who:
- Have a record of a past disability only
- Are perceived by others as having a physical or mental impairment, regardless of actual limitation (Correct answer)
- Currently have a substantial limitation in a major life activity
- Have a disability that is temporary in nature
Correct answer: Are perceived by others as having a physical or mental impairment, regardless of actual limitation
The 'regarded as' prong protects individuals who are perceived by others as having an impairment, even if no actual limitation exists, protecting against discrimination based on stereotypes.
Question 4: Which federal law requires that architectural and communication barriers in newly constructed places of public accommodation be accessible to people with disabilities?
- Section 504 of the Rehabilitation Act
- ADA Standards for Accessible Design under Title III (Correct answer)
- Architectural Barriers Act of 1968 (federal facilities only)
- Fair Housing Act Amendments of 1988
Correct answer: ADA Standards for Accessible Design under Title III
ADA Title III requires that new construction and alterations of places of public accommodation comply with ADA Standards for Accessible Design.
Question 5: In vocational rehabilitation, 'extended services' under supported employment are typically funded by:
- The state VR agency indefinitely
- Natural supports, Medicaid waiver, or other long-term funding sources after VR case closure (Correct answer)
- The employer through the ADA reasonable accommodation requirement
- Social Security's Plan to Achieve Self-Support (PASS)
Correct answer: Natural supports, Medicaid waiver, or other long-term funding sources after VR case closure
After VR case closure, extended services in supported employment are funded through natural supports, Medicaid waivers, or other long-term community funding sources.
Question 6: Which provision of the ADA explicitly states that an employer is not required to create a new position or eliminate essential functions as a reasonable accommodation?
- Title I, Section 101(9) (Correct answer)
- Title IV telecommunications provisions
- Title II public services requirements
- The ADAAA's mitigating measures clause
Correct answer: Title I, Section 101(9)
ADA Title I, Section 101(9) defines reasonable accommodation and clarifies that employers are not required to remove essential job functions or create new positions.
Question 7: A rehabilitation counselor's client was denied a job because the employer learned the client takes medication for a psychiatric condition. Under the ADA, this likely constitutes:
- Permissible pre-employment screening
- Discrimination based on 'regarded as' having a disability or actual disability (Correct answer)
- A valid direct threat defense
- A lawful qualification standard
Correct answer: Discrimination based on 'regarded as' having a disability or actual disability
Denying employment based on medication use for a psychiatric condition likely constitutes ADA discrimination under either the actual disability or 'regarded as' prong.
CRC Disability Law 5
Which legal doctrine holds that disability-neutral policies that disproportionately exclude people with disabilities may constitute illegal discrimination?