| 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. |
