Questions and Answers
According to the ADA, which of the following is considered a major life activity?
Breathing
Which of the following individuals would be protected under the ADA?
An individual who is perceived as having a disability
What does the ADA prohibit discrimination in?
Employment
Which of the following is NOT a way an individual can be considered as having a disability under the ADA?
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What is the main purpose of the Americans with Disabilities Act?
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Which of the following statements about substance use disorders is true?
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Who is protected under the ADA in relation to substance use disorders?
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What is the eligibility requirement for protection under the ADA for individuals with substance use disorders?
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When is it generally recommended to discuss accommodations with a candidate?
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What should a recruiter consider when asking a candidate about their need for accommodations?
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Which of the following is NOT true about the ADA?
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What is the main focus of the conversation when discussing accommodations with a candidate?
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Why is it important for a recruiter to approach the topic of accommodations sensitively?
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Study Notes
Americans with Disabilities Act (ADA)
- Major life activities considered under the ADA include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, working, and communicating.
Protected Individuals
- Individuals with a physical or mental impairment that substantially limits one or more major life activities are protected under the ADA.
- Individuals with a record of such impairment, or being regarded as having such an impairment, are also protected.
Prohibited Discrimination
- The ADA prohibits discrimination in employment, transportation, public accommodations, telecommunications, and state and local government services.
Exclusions
- One way an individual cannot be considered as having a disability under the ADA is if they are currently using illegal drugs.
Purpose of the ADA
- The main purpose of the Americans with Disabilities Act is to ensure equal opportunities for individuals with disabilities.
Substance Use Disorders
- Substance use disorders are considered disabilities under the ADA, but only if the individual is in recovery and no longer using illegal substances.
- Individuals with substance use disorders who are in recovery or have completed a supervised rehabilitation program are protected under the ADA.
- The eligibility requirement for protection under the ADA for individuals with substance use disorders is that they must be qualified to perform the essential functions of the job.
Accommodations
- It is generally recommended to discuss accommodations with a candidate after they have been offered the job, but before their first day of work.
- A recruiter should consider the candidate's needs and preferences when asking about their need for accommodations.
- The main focus of the conversation when discussing accommodations with a candidate is the candidate's abilities and needs, not their disability.
Important Reminders
- It is important for a recruiter to approach the topic of accommodations sensitively, as it is a personal and confidential matter.
- One myth about the ADA is that it forces employers to hire unqualified candidates; this is not true.
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