Podcast
Questions and Answers
What does the ADA define as a 'qualified individual'?
What does the ADA define as a 'qualified individual'?
What is considered a reasonable accommodation under the ADA?
What is considered a reasonable accommodation under the ADA?
What responsibility does an employer have regarding accommodations for disabilities?
What responsibility does an employer have regarding accommodations for disabilities?
Which of the following is a potential penalty for violating equal employment opportunity law?
Which of the following is a potential penalty for violating equal employment opportunity law?
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What percentage of discrimination charges were based on race between 1997 and 2021?
What percentage of discrimination charges were based on race between 1997 and 2021?
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What was the primary purpose of the Americans with Disabilities Act (ADA)?
What was the primary purpose of the Americans with Disabilities Act (ADA)?
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How did the ADA Amendments Act of 2008 modify the definition of a disability?
How did the ADA Amendments Act of 2008 modify the definition of a disability?
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Which of the following conditions is specifically excluded from the ADA's definition of a disability?
Which of the following conditions is specifically excluded from the ADA's definition of a disability?
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What protection does the ADA provide regarding how individuals with disabilities are viewed in the workplace?
What protection does the ADA provide regarding how individuals with disabilities are viewed in the workplace?
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Which of the following is NOT excluded from the ADA's definition of a disability?
Which of the following is NOT excluded from the ADA's definition of a disability?
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Study Notes
Antidiscrimination Law Expansion under the ADA
- The Vocational Rehabilitation Act of 1973 first prohibited discrimination against individuals with disabilities in federally funded activities.
- The Americans with Disabilities Act (ADA) prohibits discrimination in all employment aspects, including hiring, compensation, and training.
- The ADA Amendments Act of 2008 broadened the definition of disability and expanded the list of major life activities.
- The amendments eliminated the consideration of mitigating measures when determining whether an individual has a disability.
- Individuals with disabilities are protected regardless of whether their symptoms are controlled by medication or aids, except for those whose vision can be corrected with glasses or contacts.
- Protection extends to individuals regarded as having an impairment, such as burn victims facing employer bias due to appearance.
- The ADA excludes certain conditions from its definition of disability, including:
- Homosexuality and bisexuality
- Gender identity disorders not resulting from physical impairments
- Compulsive gambling, kleptomania, or pyromania
- Substance abuse disorders from current illegal drug use
- The ADA does not mandate hiring individuals who do not meet job qualifications, even if they have a disability.
- A "qualified individual" is defined as someone who can perform the essential job functions with or without reasonable accommodation.
- Employers are responsible for making reasonable accommodations for employees with disabilities unless it results in undue hardship.
- Reasonable accommodations may include adjustments to working conditions, job restructuring, and providing necessary aids or interpreters.
- The "interactive process" is required for employers to discuss accommodations with employees, even if the employee has not formally raised the issue.
Penalties for Violating EEO Law
- Organizations violating equal employment opportunity laws face various penalties.
- Prior to 1991, the Civil Rights Act limited damages to equitable relief, such as back pay and benefits.
- The 1991 Civil Rights Act amendments introduced compensatory and punitive damages for intentional discrimination.
- Compensatory damages may cover future monetary losses, emotional suffering, and loss of enjoyment of life.
- Punitive damages aim to deter discrimination by compensating the plaintiff beyond actual damages.
- Between 1997 and 2021, total EEOC discrimination claims fluctuated, with a low of 61,331 in 2021 and a high of 99,947 in 2011.
- Approximately 35% of EEOC discrimination charges were based on race, while around 30% were related to sex discrimination over the same period.
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Description
This quiz examines the evolution of antidiscrimination laws, particularly focusing on the Americans with Disabilities Act (ADA). It highlights the key provisions that protect individuals with disabilities in various employment aspects. Test your knowledge on the historical context and implications of these laws.
