Americans with Disabilities Act quiz

How Well Do You Know the Americans With Disabilities Act (ADA)?

From the Department of Justice: www.doj.gov

1. Who is protected by the ADA?
   1. Illegal drug users
   2. Someone with a broken leg
   3. Someone with allergies
   4. The wife of a paraplegic

2. Who is required to comply with the ADA?
   1. Labor Unions
   2. Airlines
   3. Private Apartments
   4. Congress

3. Under the ADA childcare centers are required to do which of the following?
   1. Install elevators
   2. Install phones that are accessible for those who are hearing impaired
   3. Include children with HIV/AIDS
   4. Provide accommodations in a residential part of the facility

4. What is a potential consequence for an employer that does not comply with the ADA?
   1. Loss of a business license
   2. Reinstatement and promotion of those discriminated against
   3. Requirement to complete a course on the ADA
   4. Payment of a previously determined fine

5. An animal must be licensed or certified by the government in order to be recognized as a "service animal."
   1. True
   2. False

Answers:

1. d: The wife of a paraplegic. The ADA protects anyone who may be discriminated against based on a known relationship with another individual who has a disability. It also prohibits employment discrimination against individuals with impairments that limit any major life activity. This includes people who have difficulty "seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself and working." The ADA also protects anyone who is paralyzed or epileptic, has HIV/AIDS, is mentally handicapped or has a learning disability. Individuals who have a record of a disability, such as cancer survivors and those who have recovered from alcoholism or mental illness, are also protected. Also, if someone is understood to have a "substantially limiting impairment," based on physical appearance, they are protected by the ADA regardless of whether or not they are actually impaired. The ADA does not generally protect any person with a sprain, broken limb, or other "minor, nonchronic conditions of short duration."

2. a: Labor unions. Labor unions must not discriminate against any person with a disability when considering employment activities, recruitment, advertising, tenure, layoffs, leave, fringe benefits or any other related practices. Conversely, private apartments, that do not house a public facility such as a doctor's office, are exempt from the regulations of the ADA. Likewise, the United States Congress is not required to adhere to the ADA. The executive branch of the US Federal Government is governed by Title V of the Rehabilitation Act of 1973, which is similar to the ADA in that it prohibits employment discrimination on the basis of handicap. But, Congress and other legislative branches are exempt from both of these regulatory measures. Similarly, airlines, in all practices outside of employment, are also not required to comply with the ADA, but are instead regulated by the Air Carrier Access Act.

3. c: Include children with HIV/AIDS. Under the ADA, anyone with HIV/AIDS may not be discriminated against based on their condition. Instead, precautionary measures may be taken by employees when dealing with particular children, such as the use of latex gloves when attending to a cut or scrape. Childcare centers, and other business, are not required to install elevators or provide particular phone services if the implementation of those accommodations produce unmanageable difficulties or expenses. They also need not alter any part of the facility that is not used for the business or made accessible to children or clients. If a childcare center is in a private home, only the portions of the structure utilized by the children must be outfitted with accommodations.

4. b: Reinstatement or promotion of those discriminated against. When found to be noncompliant with the ADA, an employer may be required to hire, reinstate, promote, provide back pay or front pay, restore benefits, provide reasonable accommodations, reimburse attorney or expert witness fees or accommodate court costs. They may also be subject to compensatory or punitive damages that are determined based on the nature of each individual case, particularly if they are found to have acted consciously and in the absence of good faith. Employers who do not adhere to the ADA are not required to learn more about the act or to automatically provide monetary compensation for their actions.

5. b: False. An animal need not be licensed or certified by the government in order to be recognized as a "service animal." According the to ADA, "Any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability," is considered a service animal, regardless of official certification. Specifically, any animal that is performing a function that a disabled individual is unable to do himself is to receive appropriate accommodations. This includes, but is not limited to, animals that may identify sounds for individuals with hearing impairments, animals that pull wheelchairs, provide balance and/or carry and pick up objects for those with mobility impairments and animals that provide assistance with sight for those with visual impairments.

Source:

US Department of Justice. "ADA Questions and Answers." Americans with Disabilities Act.