ADA & Legal Compliance Flashcards

The Olmstead v. L.C. Supreme Court decision is most relevant to vocational evaluation because it established that:

Answer: Unjustified institutionalization of people with disabilities constitutes discrimination under the ADA

Olmstead held that states must provide community-based services when appropriate, reflecting the ADA's integration mandate that directly supports competitive employment goals.

A vocational evaluator working with a client who is Deaf requests interpreter services from the employer during a job site assessment. This is best characterized as:

Answer: An auxiliary aid and service required under the ADA

Interpreter services are an auxiliary aid and service that covered entities must provide under the ADA to ensure effective communication.

Which federal agency oversees compliance with Section 503 of the Rehabilitation Act, which requires affirmative action for people with disabilities by federal contractors?

Answer: Office of Federal Contract Compliance Programs (OFCCP)

The OFCCP enforces Section 503, which requires federal contractors and subcontractors to take affirmative action to hire and advance qualified individuals with disabilities.

A client's psychiatric condition is well-controlled by medication. Under the ADAAA, the determination of whether this person has a disability should be made:

Answer: Based on how the impairment would affect major life activities without the ameliorative effects of the medication

The ADAAA requires that disability be assessed in its unmitigated state, without considering the ameliorative effects of medication or other measures.

Which of the following best describes the 'essential functions' of a job position for ADA purposes?

Answer: The fundamental job duties that a position exists to perform, as distinct from marginal tasks

Essential functions are the core duties a position exists to perform; marginal functions are not essential and may be reassigned as an accommodation.

In the context of ADA and vocational evaluation, 'job restructuring' as a reasonable accommodation means:

Answer: Reallocating or redistributing marginal, non-essential job functions

Job restructuring involves reassigning marginal functions while preserving essential functions that the employee must still perform.

A vocational evaluator notes in a report that a client 'cannot work in any capacity.' Under Social Security and ADA principles, this conclusion is most problematic because:

Answer: The ADA requires an individualized assessment of functional abilities relative to specific jobs, and blanket conclusions are inconsistent with this standard

Blanket inability-to-work conclusions conflict with both ADA individualized assessment requirements and SSA's vocational analysis framework that considers residual functional capacity.