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This practice exam covers substantive law topics, including detailed case studies and applications of legal principles.
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Question 1. Under the ADAAA, which of the following is NOT a prong of the definition of “disability”? A) A physical or mental impairment that substantially limits one or more major life activities. B) A record of such an impairment. C) Being regarded as having such an impairment. D) The employee’s inability to perform the essential functions of a specific job. Answer: D Explanation: The three prongs are (A) an impairment, (B) a record, and (C) being regarded as disabled. Inability to perform essential job functions is not a prong of the disability definition. Question 2. Which of the following activities is considered a “major life activity” under the ADA? A) Driving a motor vehicle. B) Managing personal finances. C) Learning. D) Voting in elections. Answer: C Explanation: “Learning” is expressly listed among the major life activities; the others are not enumerated, though they may be substantially related. Question 3. The ADA’s “reasonable accommodation” requirement applies to which of the following? A) Only applicants who have disclosed a disability after a job offer is made. B) Qualified individuals with disabilities, whether or not they request accommodation. C) Any employee who requests a change in work schedule for personal reasons. D) Only employees who have a documented medical diagnosis.
Answer: B Explanation: Employers must provide reasonable accommodation to qualified individuals with disabilities, regardless of whether the employee requests it, once the employer knows of the limitation. Question 4. Which of the following best describes an “undue hardship” for an employer? A) Any accommodation that requires the employer to purchase new equipment. B) An accommodation that would cause a significant difficulty or expense in light of the employer’s size and resources. C) Any accommodation that would inconvenience a supervisor. D) An accommodation that requires temporary reassignment of duties. Answer: B Explanation: Undue hardship is defined by the significant difficulty or expense of the accommodation, considering the employer’s overall financial resources, size, and operation. Question 5. The “interactive process” required by the ADA primarily involves: A) A one-time written notice from the employer to the employee. B) Ongoing communication between employer and employee to identify effective accommodation. C) A mandatory medical examination before any accommodation can be considered. D) A court-ordered mediation session. Answer: B Explanation: The interactive process is a collaborative, continuous dialogue to determine suitable accommodations. Question 6. Which of the following statements about “covered entities” under Title I is correct? A) Only private employers with 50 or more employees are covered.
A) An employee who occasionally forgets to clock in on time. B) A worker whose uncontrolled seizures could cause harm to coworkers. C) An employee who uses a wheelchair to navigate the office. D) A worker who requires a frequent bathroom break due to a medical condition. Answer: B Explanation: A direct threat exists when an individual poses a significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation. Question 10. Under the ADA, “major bodily functions” include all EXCEPT: A) Immune system function. B) Respiratory function. C) Digestive function. D) Ability to use a computer mouse. Answer: D Explanation: Major bodily functions refer to physiological systems (immune, respiratory, digestive, etc.). Using a computer mouse is a manual task, not a bodily function. Question 11. Which of the following is a permissible form of reasonable accommodation? A) Lowering the performance standards for a disabled employee. B) Providing a qualified reader for a blind employee. C) Giving the employee a raise to compensate for the disability. D) Allowing the employee to work from home without a job-related justification. Answer: B Explanation: Providing a qualified reader is a classic example of a reasonable accommodation that enables the employee to perform essential functions. Question 12. An employer may deny a request for accommodation if:
A) The employee has a “record” of a disability but no current limitation. B) The accommodation would cause undue hardship. C) The employee’s disability is “minor.” D) The employee works part-time. Answer: B Explanation: Undue hardship is a valid defense; the other options do not automatically excuse the employer. Question 13. Which of the following best reflects the ADA’s rule of construction? A) The definition of disability should be interpreted narrowly to limit coverage. B) Mitigating measures like prescribed medication are ignored when determining disability. C) The definition should be construed in favor of broad coverage. D) Only permanent impairments qualify as disabilities. Answer: C Explanation: The ADAAA mandates a liberal, expansive interpretation of “disability” to ensure broad coverage. Question 14. Regarding the confidentiality of medical information, an employer must: A) Keep medical records in the same file as performance evaluations. B) Disclose medical information to supervisors as needed. C) Store medical information separately from personnel files. D) Provide medical information to coworkers upon request. Answer: C Explanation: The ADA requires that medical information be kept in a separate file, distinct from personnel records, to preserve confidentiality. Question 15. Which of the following is NOT a protected activity under the retaliation provisions of the ADA?
Question 18. Under Title V, the ADA’s relationship to other laws is that the ADA: A) Supersedes any state law that provides greater protection. B) Is the exclusive source of disability rights in the United States. C) Does not limit or invalidate any other law that offers equal or greater protection. D) Preempts all local ordinances concerning disability rights. Answer: C Explanation: The ADA is meant to coexist with other statutes that may provide equal or greater protection. Question 19. Which of the following is true about state immunity under the ADA? A) States are immune from suits under Title I but not Title II. B) States are not immune from suit under any title of the ADA. C) State immunity applies only to claims of retaliation. D) State immunity is absolute and cannot be waived. Answer: B Explanation: The ADA expressly states that states are not immune from suit under any of its titles. Question 20. An employer who violates Title I may be ordered to provide: A) Only a written apology. B) Back pay, reinstatement, and compensatory damages. C) A public notice of the violation without monetary relief. D) A reduction in the employee’s workload. Answer: B Explanation: Remedies for Title I violations include back pay, reinstatement, compensatory and punitive damages, and attorney’s fees.
Question 21. Which of the following is considered a “qualified individual with a disability” for the purpose of receiving a reasonable accommodation? A) An employee who can perform all essential functions without any accommodation. B) An employee who can perform essential functions only after a reasonable accommodation. C) An employee who refuses to disclose a disability. D) An employee who is on a temporary leave of absence. Answer: B Explanation: The ADA protects individuals who need a reasonable accommodation to perform essential functions. Question 22. The ADAAA’s guidance on mitigating measures states that: A) All mitigating measures, including eyeglasses, must be considered when determining disability. B) Only ordinary eyeglasses or contact lenses are excluded from consideration. C) Any medication automatically removes the disability status. D) Mitigating measures are irrelevant to the determination of disability. Answer: B Explanation: Ordinary eyeglasses or contact lenses are excluded; other mitigating measures are not considered when defining disability. Question 23. Which of the following would most likely be considered an “essential function” of a retail cashier? A) Greeting customers. B) Operating the cash register. C) Restocking shelves. D) Cleaning the break room. Answer: B
Answer: B Explanation: Business necessity permits the use of standards that are job-related and essential, even if they have a disparate impact. Question 27. Which of the following best illustrates an “undue hardship” for a small nonprofit with limited funds? A. Installing a wheelchair ramp costing $5,000. B. Providing a screen-reader software for an employee’s computer. C. Adjusting a work schedule to accommodate a medical appointment. D. Allowing an employee to use a personal assistive device. Answer: A Explanation: For a small organization, a $5,000 ramp may constitute a significant difficulty or expense, meeting the undue hardship threshold. Question 28. A “qualified reader” as a reasonable accommodation is most appropriate for which of the following employees? A. An employee with a hearing impairment. B. An employee with a visual impairment. C. An employee with a mobility impairment. D. An employee with a chronic fatigue syndrome. Answer: B Explanation: A qualified reader assists individuals who are blind or have low vision in accessing written materials. Question 29. Which of the following is true regarding the ADA’s “direct threat” standard? A. It permits discrimination based on stereotypes about a disability. B. It requires an individualized assessment based on objective evidence. C. It allows blanket bans on hiring individuals with certain diagnoses. D. It applies only to physical disabilities.
Answer: B Explanation: The direct threat defense requires a case-by-case analysis using objective medical evidence. Question 30. Under the ADA, an employer may ask an applicant after a conditional job offer: A. Whether the applicant has a disability. B. Whether the applicant can perform the essential functions of the job with or without accommodation. C. About the applicant’s medical history unrelated to job duties. D. If the applicant is currently taking any prescription medication. Answer: B Explanation: Post-offer, employers may inquire about the ability to perform essential functions, not about disability status per se. Question 31. Which of the following is NOT a protected activity under the ADA’s retaliation provision? A. Filing a complaint with the EEOC. B. Participating in an internal investigation of ADA discrimination. C. Requesting a reasonable accommodation. D. Declining to work overtime because of a personal vacation plan. Answer: D Explanation: Declining overtime for personal reasons is not a protected activity under the ADA. Question 32. The ADA’s “major life activities” list includes “working.” This means: A. All employees must be given the same workload regardless of disability. B. An employer must provide accommodations that enable a disabled employee to perform essential job duties.
B. The accommodation would cause undue hardship. C. The employee has a record of a disability. D. The employee is on a fixed salary. Answer: B Explanation: Undue hardship is the only valid basis to refuse a reasonable accommodation. Question 36. The ADAAA’s rule that the definition of “disability” shall be construed in favor of broad coverage primarily serves to: A. Limit the number of individuals who can bring claims. B. Ensure that employers are not burdened with excessive accommodation costs. C. Expand protection to individuals with a wide range of impairments. D. Exempt small businesses from compliance. Answer: C Explanation: The liberal construction is intended to provide broad coverage to more individuals with disabilities. Question 37. Which of the following best describes the difference between “essential” and “marginal” job functions? A. Essential functions are those that are performed by most employees, while marginal functions are performed by only a few. B. Essential functions are central to the job’s purpose; marginal functions are peripheral tasks. C. Essential functions can be eliminated without affecting the job; marginal functions cannot. D. Essential functions are optional, whereas marginal functions are mandatory. Answer: B Explanation: Essential functions are the core duties of a position; marginal functions are secondary tasks.
Question 38. A state university that receives federal funding is: A. Immune from ADA lawsuits because it is a state entity. B. Subject to the ADA’s requirements and can be sued for violations. C. Only bound by Title II of the ADA. D. Exempt from providing reasonable accommodations to students. Answer: B Explanation: The ADA expressly states that states are not immune from suit; state universities must comply. Question 39. Which of the following is an example of “coercion” prohibited by Title V? A. An employer threatening to fire an employee who files an ADA complaint. B. An employee refusing to work overtime. C. A manager offering a promotion to a disabled employee. D. A coworker asking about another’s disability status. Answer: A Explanation: Threatening retaliation for exercising ADA rights constitutes prohibited coercion. Question 40. Under the ADA, “qualified readers” may be provided to employees who are: A. Deaf. B. Blind or have low vision. C. Mobility-impaired. D. Experiencing chronic fatigue. Answer: B Explanation: Qualified readers assist individuals with visual impairments.
Explanation: The ADAAA excludes ordinary eyeglasses/contact lenses but otherwise does not disregard other mitigating measures in the disability analysis. Question 44. The “interactive process” must be initiated when: A. The employer discovers a disability after hiring. B. The employee files a lawsuit. C. The employer receives a request for accommodation or becomes aware of a limitation. D. The employee receives a performance evaluation. Answer: C Explanation: The interactive process begins when the employer knows of a limitation and either receives a request or must assess accommodation needs. Question 45. Which of the following is NOT a protected class under the ADA? A. Individuals with a physical impairment. B. Individuals with a mental impairment. C. Individuals who are merely perceived as having a disability. D. Individuals who have a temporary injury that does not substantially limit a major life activity. Answer: D Explanation: Temporary injuries that do not substantially limit major life activities are not covered. Question 46. An employer may ask an applicant to undergo a medical exam after a job offer if: A. The exam is required of all applicants for any position. B. The exam is required of all applicants for that specific job category. C. The employer wants to verify the applicant’s disability status. D. The applicant volunteers to provide medical information. Answer: B
Explanation: Post-offer, medical exams are permissible if uniformly applied to all entering employees in the same job category. Question 47. Which of the following best characterizes the “direct threat” defense? A. It allows an employer to refuse any accommodation for a disabled employee. B. It permits an employer to deny employment only when a significant risk exists that cannot be mitigated. C. It is a blanket exemption for all safety-related jobs. D. It applies only to employees with contagious diseases. Answer: B Explanation: Direct threat is limited to situations where a significant risk of harm cannot be eliminated or reduced by accommodation. Question 48. Under the ADA, “reasonable accommodation” does NOT include: A. Modifying work schedules. B. Providing a sign language interpreter. C. Lowering performance standards. D. Purchasing assistive technology. Answer: C Explanation: Lowering performance standards is not a reasonable accommodation; it may constitute discrimination. Question 49. Which of the following is a prohibited form of discrimination under Title I? A. Offering a higher salary to a disabled employee to offset accommodation costs. B. Requiring all employees to pass a drug test that is not job-related. C. Providing a reasonable accommodation to a qualified employee. D. Allowing an employee to use a service animal. Answer: B
Answer: A Explanation: The “regarded as” prong protects individuals who are perceived as disabled, regardless of actual impairment. Question 53. Which of the following actions would be considered “coercion” under Title V? A. An employer refusing to accommodate a disability. B. An employer threatening to demote an employee who files an ADA complaint. C. An employee requesting a flexible schedule. D. A supervisor providing a sign language interpreter. Answer: B Explanation: Threatening retaliation for exercising ADA rights is prohibited coercion. Question 54. Under the ADA, an employer may deny a job offer if the applicant poses a direct threat. To establish this, the employer must: A. Rely on stereotypes about the disability. B. Conduct an individualized assessment based on objective evidence. C. Use a blanket policy excluding all individuals with that diagnosis. D. Obtain the applicant’s consent to a psychiatric evaluation. Answer: B Explanation: Direct threat requires a case-by-case assessment using objective medical evidence. Question 55. Which of the following is NOT a factor considered in determining “undue hardship”? A. The employer’s overall financial resources. B. The number of employees affected by the accommodation. C. The impact of the accommodation on the operation of the business. D. The employee’s personal financial situation.
Answer: D Explanation: The employee’s personal finances are irrelevant to the undue hardship analysis. Question 56. An employer who provides a “qualified reader” to a blind employee is complying with which ADA requirement? A. Direct threat defense. B. Reasonable accommodation. C. Business necessity. D. Undue hardship. Answer: B Explanation: Providing a qualified reader is a classic reasonable accommodation. Question 57. The ADA’s definition of “disability” includes “being regarded as having such an impairment.” This means that: A. Only medically documented impairments are covered. B. Perception alone can trigger protection, even without a medical condition. C. The employee must have a record of a past impairment. D. The employer must verify the impairment before providing accommodation. Answer: B Explanation: The “regarded as” prong protects individuals who are perceived as disabled, regardless of actual impairment. Question 58. Which of the following is a permissible pre-offer question under the ADA? A. “Do you have a disability?” B. “Are you able to lift 50 pounds repeatedly?” C. “What medication are you currently taking?” D. “Do you have any mental health conditions?”