The ADA creates a protected class called "qualified individuals with disabilities". Discuss what this phrase means and how one qualifies for protection
Many people with disabilities are able to productively work and the ADA protects these individuals from being discriminated against. First, the individual must be disabled. This means that (1) they have a physical or mental impairment that substantially limits one or more major life functions; or (2) they have a record of impairment; or (3) they are regarded as having an impairment. After establishing that the individual is disabled, to be "qualified" requires that they show that they are able to perform the essential functions of the job. They are qualified even if they are unable to perform all of the job functions as long as the essential function can be properly accomplished. This may or may not entail the providing of accommodation on the part of the employer. If an accommodation is required, the accommodation must be a reasonable one and cannot cause the employer undue hardship. Finally, a person must show that they are not a direct danger to themselves or to others to be deemed qualified.
Chapter 11
WORK-LIFE CONFLICTS AND
OTHER DIVERSITY ISSUES
Test Bank Questions, 5e
MULTIPLE CHOICE QUESTIONS
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