California Bar Journal
OFFICIAL PUBLICATION OF THE STATE BAR OF CALIFORNIA - NOVEMBER 1998
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MCLE SELF-STUDY

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Self-Assessment Test
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Answer the following questions after reading the MCLE article on the ADA. Use the answer form provided to send the test, along with a $20 processing fee, to the State Bar. Please allow at least eight weeks for MCLE certificates to reach you in the mail.

1. The Americans with Disabilities Act ("ADA" or the "Act") applies only to employment issues.

2. The ADA applies only to federally funded entities.

3. The Rehabilitation Act was enacted subsequent to the ADA.

4. Entities subject to the ADA include employers, unions, and employment agencies.

5. In order to be covered by the ADA, an employer must employ at least 15 employees.

6. An employer of less than 15 employees is not subject to any disability discrimination laws.

7. The ADA requires employers to reasonably accommodate all physical and mental conditions.

8. Pyromania is a physical or mental impairment covered by the ADA.

9. Learning disabilities may be a physical or mental impairment covered by the ADA.

10. For an impairment to constitute a disability under the ADA, the impaired individual must be slightly limited from engaging in a major life activity.

11. Major life activities include: (a) caring for oneself; (b) breathing; (c) working; (d) all of the above.

12. In order to constitute a "major life activity," the activity must have a public, economic or daily character.

13. One of the factors used in determining whether an impairment is a disability is whether the impairment is permanent or long-term.

14. An individual is disabled under the ADA if he or she is unable to perform a single, particular job due to a physical or mental impairment.

15. A lifting restriction of 25 pounds is a disability under the ADA.

16. An HIV-infected person who has no outward symptoms of AIDS is not considered disabled under the ADA.

17. The California Fair Employment and Housing Act ("FEHA") prohibits discrimination on the basis of (a) "physical disability"; (b) "mental disability"; (c) "medical condition"; (d) none of the above; (e) all of the above.

18. California courts generally look to the ADA in interpreting FEHA.

19. California courts agree that, under FEHA, a mental impairment need not substantially limit an individual’s life activities.

20. The law in the area of disability discrimination is well-settled.

CERTIFICATION

This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour, of which 1 hour will apply to elimination of bias.

The State Bar of California certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.