CT Bar Accommodations 3 — Questions and Answers
Question 1: Under the FHA, which of the following individuals is NOT protected by the disability accommodation provisions?
- A current illegal drug user who is not in recovery (Correct answer)
- A person with HIV/AIDS
- A person with a history of cancer now in remission
- A person with a severe anxiety disorder
Correct answer: A current illegal drug user who is not in recovery
The FHA excludes current users of illegal controlled substances from its disability protections, though individuals in recovery programs are protected.
Question 2: A condominium association has a no-pets policy. A resident with depression requests permission to keep an emotional support animal. Under the FHA, the association must:
- Grant the request if the resident provides documentation of the disability-related need (Correct answer)
- Deny the request because an emotional support animal is not a service animal under the ADA
- Charge an additional pet deposit for the emotional support animal
- Require the animal to pass an obedience certification
Correct answer: Grant the request if the resident provides documentation of the disability-related need
Under the FHA, housing providers must make reasonable accommodations for assistance animals, including emotional support animals, when there is a disability-related need.
Question 3: In Connecticut, the Commission on Human Rights and Opportunities (CHRO) handles complaints of disability discrimination. What is the general filing deadline for a complaint with the CHRO?
- 180 days from the discriminatory act (Correct answer)
- 90 days from the discriminatory act
- 300 days from the discriminatory act
- One year from the discriminatory act
Correct answer: 180 days from the discriminatory act
Connecticut law generally requires that a CHRO complaint be filed within 180 days of the alleged discriminatory act.
Question 4: A restaurant installs a ramp for wheelchair access but the ramp has a slope ratio of 1:8, steeper than ADA guidelines require. This is best characterized as:
- A violation of ADA Title III accessibility standards (Correct answer)
- Full compliance because a ramp was provided
- An acceptable variance under state building code
- An undue burden exemption
Correct answer: A violation of ADA Title III accessibility standards
ADA Standards for Accessible Design require a maximum slope ratio of 1:12 for ramps; a 1:8 slope violates those standards.
Question 5: Which of the following is NOT a factor courts consider when evaluating 'undue hardship' under the ADA?
- The personal financial wealth of the employee requesting the accommodation (Correct answer)
- The overall financial resources of the employer
- The type of operation the employer conducts
- The impact of the accommodation on the workplace
Correct answer: The personal financial wealth of the employee requesting the accommodation
Undue hardship analysis focuses on the employer's resources and operations, not the personal financial situation of the employee requesting the accommodation.
Question 6: A public university refuses to provide a sign language interpreter for a deaf student in class, claiming cost as a barrier. The student may assert a claim under:
- Title II of the ADA and Section 504 of the Rehabilitation Act (Correct answer)
- Title I of the ADA only
- Title III of the ADA only
- The Individuals with Disabilities Education Act (IDEA) only
Correct answer: Title II of the ADA and Section 504 of the Rehabilitation Act
Public universities are covered by Title II of the ADA and, as federal fund recipients, by Section 504 of the Rehabilitation Act, both requiring auxiliary aids like interpreters.
Question 7: An employee requests a schedule change as an ADA accommodation, which would require swapping shifts with a coworker. The coworker refuses to swap. The employer:
- Is not required to force the coworker to swap as a reasonable accommodation (Correct answer)
- Must reassign the coworker's shift to accommodate the disabled employee
- Must discipline the coworker for refusing to cooperate with the ADA
- Must pay the coworker overtime to induce cooperation
Correct answer: Is not required to force the coworker to swap as a reasonable accommodation
Reasonable accommodation does not require an employer to impose a schedule change on an unwilling coworker; the employer is not obligated to force such a swap.
CT Bar Accommodations 3
Under the FHA, which of the following individuals is NOT protected by the disability accommodation provisions?