CRC Disability Law 3 — Questions and Answers
Question 1: Under the ADA Amendments Act of 2008 (ADAAA), which change was made to the definition of disability?
- The list of major life activities was narrowed to only physical functions
- The term 'substantially limits' was broadened and mitigating measures are generally not considered (Correct answer)
- The ADA's coverage was limited to permanent disabilities only
- Employers gained broader authority to require medical documentation
Correct answer: The term 'substantially limits' was broadened and mitigating measures are generally not considered
The ADAAA broadened 'substantially limits,' expanded major life activities, and clarified that mitigating measures (except ordinary glasses) are not considered.
Question 2: Which Supreme Court case held that the ADA's 'substantially limits' standard required a severe restriction of a major life activity?
- Olmstead v. L.C.
- Toyota Motor Manufacturing v. Williams (Correct answer)
- Sutton v. United Airlines
- PGA Tour, Inc. v. Martin
Correct answer: Toyota Motor Manufacturing v. Williams
Toyota Motor Manufacturing v. Williams (2002) held that 'substantially limits' required a severe restriction, a standard later rejected by the ADAAA.
Question 3: Under the Fair Housing Act Amendments of 1988, which modification request by a tenant with a disability is the landlord generally required to allow?
- Structural modifications at the landlord's expense
- Reasonable modifications at the tenant's expense in private housing (Correct answer)
- Any modification the tenant deems necessary
- Only modifications costing less than one month's rent
Correct answer: Reasonable modifications at the tenant's expense in private housing
In private housing, the FHA requires landlords to allow reasonable modifications, but the tenant typically bears the cost.
Question 4: The Olmstead v. L.C. Supreme Court decision established that unjustified institutionalization of people with disabilities is:
- A reasonable accommodation under the ADA
- Discrimination under Title II of the ADA (Correct answer)
- Permitted if state resources are limited
- Addressed only by Section 504, not the ADA
Correct answer: Discrimination under Title II of the ADA
Olmstead held that unjustified segregation/institutionalization of persons with disabilities constitutes discrimination under Title II of the ADA.
Question 5: Which act provides legal protections for students with disabilities in higher education settings?
- IDEA only
- Section 504 and ADA Title II (public) or Title III (private) (Correct answer)
- Elementary and Secondary Education Act
- Vocational Rehabilitation Act Section 110
Correct answer: Section 504 and ADA Title II (public) or Title III (private)
Higher education is covered by Section 504 (if federally funded) and ADA Title II (public colleges) or Title III (private colleges).
Question 6: An employer may require a medical examination after a conditional job offer is extended if:
- The employer suspects the applicant has a disability
- The examination is required of all entering employees in the same job category (Correct answer)
- The position involves safety-sensitive duties only
- The applicant disclosed a disability during the interview
Correct answer: The examination is required of all entering employees in the same job category
Post-offer medical examinations are permissible under the ADA only if required of all entering employees in the same job category.
Question 7: Which principle under disability rights law is reflected in the phrase 'most integrated setting appropriate'?
- The least restrictive environment standard from IDEA
- The community integration mandate from the Olmstead decision (Correct answer)
- The reasonable accommodation framework under ADA Title I
- The accessible design requirements under ADA Title III
Correct answer: The community integration mandate from the Olmstead decision
The 'most integrated setting appropriate' standard comes from ADA regulations and was enforced in Olmstead to require community-based services over institutionalization.
CRC Disability Law 3
Under the ADA Amendments Act of 2008 (ADAAA), which change was made to the definition of disability?