CRC Disability Law 2 — Questions and Answers
Question 1: Under the ADA, which of the following is considered a 'qualified individual with a disability'?
- Any person who has ever had a physical impairment
- A person with a disability who meets essential job requirements with or without reasonable accommodation (Correct answer)
- A person whose disability is documented by a physician
- Any person who self-identifies as having a disability
Correct answer: A person with a disability who meets essential job requirements with or without reasonable accommodation
A qualified individual with a disability is someone who meets essential job requirements with or without reasonable accommodation.
Question 2: Which federal law prohibits discrimination against individuals with disabilities in programs receiving federal financial assistance?
- Americans with Disabilities Act (ADA)
- Section 504 of the Rehabilitation Act of 1973 (Correct answer)
- Fair Housing Act
- Individuals with Disabilities Education Act (IDEA)
Correct answer: Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in programs and activities receiving federal financial assistance.
Question 3: The ADA's 'undue hardship' defense for reasonable accommodation is determined by considering which primary factors?
- Employee's tenure and productivity only
- Nature and cost of accommodation relative to the employer's overall resources and operations (Correct answer)
- The employee's medical diagnosis and prognosis
- Federal agency guidelines and union contract provisions
Correct answer: Nature and cost of accommodation relative to the employer's overall resources and operations
Undue hardship analysis considers the nature/cost of accommodation relative to the employer's size, financial resources, and overall operations.
Question 4: Which title of the ADA specifically addresses employment discrimination?
- Title I (Correct answer)
- Title II
- Title III
- Title IV
Correct answer: Title I
Title I of the ADA prohibits employment discrimination against qualified individuals with disabilities by covered employers.
Question 5: Under the Ticket to Work program, Social Security beneficiaries with disabilities can assign their ticket to which types of entities?
- Only state vocational rehabilitation agencies
- Employment Networks or state vocational rehabilitation agencies (Correct answer)
- Only private employers
- Only federally certified disability organizations
Correct answer: Employment Networks or state vocational rehabilitation agencies
Under Ticket to Work, beneficiaries can assign their ticket to Employment Networks or state VR agencies for employment support services.
Question 6: What does 'interactive process' mean in the context of ADA reasonable accommodation?
- The employee submits a written accommodation request form
- An ongoing good-faith dialogue between employer and employee to identify effective accommodations (Correct answer)
- The EEOC mediation process for ADA complaints
- A formal hearing before an administrative law judge
Correct answer: An ongoing good-faith dialogue between employer and employee to identify effective accommodations
The interactive process is a required good-faith dialogue between employer and employee to identify and implement effective reasonable accommodations.
Question 7: The WIOA (Workforce Innovation and Opportunity Act) requires state VR agencies to set aside what percentage of federal funds for pre-employment transition services for students with disabilities?
- 10%
- 15% (Correct answer)
- 20%
- 25%
Correct answer: 15%
WIOA requires state VR agencies to reserve at least 15% of their federal VR funds for pre-employment transition services for students with disabilities.
CRC Disability Law 2
Under the ADA, which of the following is considered a 'qualified individual with a disability'?