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EEOC Enforcement Guidance on the Americans with Disabilities Act

Credit Value: 3

Exam Questions: 24

Passing Grade: 18 correct

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Course Description:

This course reviews and explains Enforcement Guidance on the Americans with Disabilities Act and psychiatric disorders.  Accordingly, it provides an overview on the classification of psychiatric disabilities pursuant to the Americans with Disabilities Act.  Guidelines and rules about what constitutes a psychiatric disorder are covered in order to clarify the stigmatization and misunderstanding of psychiatric disabilities at work. 

 

Clinicians working with clients who have mental illness will find this course particularly useful.  The article is written in an easy to follow question and answer format and was developed by the Department of Labor.  It covers the legal rules and procedural issues pertaining to work discrimination under the ADA with respect to psychiatric disabilities.  The material details the rights of those who have a mental illness in the workplace as well as appropriate ways to request reasonable accommodations to perform their jobs.  This is an area in which few mental health practitioners have expertise, and this course provides valuable information that can be used to help clients advocate for their rights as well as gain the accommodations needed to make work possible. 

 

This course is an excellent reference for practitioners working with the mentally ill.   Psychologists, social workers, mental health counselors and marriage and family therapists can benefit from this course. This course may also be helpful for other practitioners, such as midwives and dieticians and nutritionist who may work in team or multidisciplinary environments. This course is designed for both clinicians and administrators who are leaders in their agencies. It is particularly appropriate for supervisors, midlevel and upper level managers. It is targeted for intermediate and advanced practitioners.

 

 

 

Author:  U.S. Goverment, ADA Division, Office of Legal Council

 

 

Learning Objectives:  This course will provide the practitioner with much needed information about the application and enforcement of the Americans with Disabilities Act.  Specifically, the practitioner will:

  • Identify what conditions qualify as mental impairment under the Americans with Disabilities Act
  • Distinguish the key components for qualifying for special accommodations  in the work place
  • Identify reasonable accommodations as defined by the ADA

Credits: 3 Exam Fee: $33.00 Format: Online


Ce-Classes is approved by the Florida Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling Provider #852 BAP-Exp 3/2011

Ce-classes.com is approved as a provider for continuing education by the Association of Social Work Boards 400 South Ridge Parkway, Suite B, Culpeper, VA 22701. www.aswb.org. ASWB Approval Period: 1/5/08 - 1/5/11 Social workers should contact their regulatory board to determine course approval. Social workers will receive 3credits for continuing education clock hours in participating in this course. (* Please see course descriptions for ceu information, one ceu = one continuing education clock hour)

Ce-Classes.com is approved by the American Psychological Association to sponsor continuing education for psychologists. Ce-Classes.com maintains responsibility for this program and its content. As such we are approved providers of continuing education for psychologists in most states in the U.S. Please see our get state requirements button on our home page or visit your state's licensing board for more information.

Ce-Classes.com is an approved provider by the National Board of Certified Counselors (NBCC); Provider # 6320 Exp. 4/30/2012. As such we are approved providers of continuing education for Mental Health Counselors, Therapists, Professionals, etc, in most states in the U.S. Please see our get state requirements button on our home page or visit your state's licensing board for more information.

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  Exam Questions for EEOC Enforcement Guidance on the Americans with Disabilities Act
1.  ______________ of the Americans with Disabilities Act deals with employment discrimination and the myths, fears, and stereotypes, associated with psychiatric disabilities in the workplace.
Title IV
Title II
Title I
Title VI

2.  Under the ADA, the term �disability� means . . .
a physical or mental impairment that substantially limits one or more of the major life activities of an individual
a record of such an impairment
being regarded as having such an impairment
all of the above

3.  The ADA rule defines �mental impairment� to include:
emotional or mental illness
personality disorders
anxiety disorders
all of the above

4.  Although listed in the DSM IV, _______________ does not constitute a disability under the rules of the ADA.
drug abuse
alcohol abuse
Post Traumatic Stress Disorder
personality disorders

5.  Under the ADA, to rise to the level of a �disability�, an impairment must . . .
substantially limit an individual�s ability to perform effectively in their job
substantially limit one or more major life activities of the individual
substantially limit an individual�s thinking and cognition
be properly and officially diagnosed by a qualified mental health professional

6.  In order to establish a psychiatric disability . . .
major life activities must be limited
an individual must demonstrate that he/she is limited in working
working should be analyzed if no other life activity is substantially limited by an impairment
both A and C above

7.  Under the ADA, a substantial limitation entails . . .
both the severity and length time that the limitation restricts a major life activity
severity of the limitation only
the length of time that the limitation restricts a major life activity
a limitation that interferes with work performance

8.  An impairment is substantially limiting if lasts for . . .
more than several months
more than several months and significantly restricts the performance at least one life activity during that time
more than 6 months and severely restricts performance
more than 12 months and restricts the performance

9.  Should the corrective effects of medication be considered when deciding if an impairments is so severe that it substantially limits a major life activity?
yes, if the medication corrects the impairment the individual does not qualify
sometimes, it depends upon the medication and the impairment
no, ADA legislation unequivocally states that impairment is assessed without the corrective effects of medication
no, not at this time, however, there have been recent cases that may change this position

10.  An impairment substantially limits an individual�s ability to interact with others if:
he/she is significantly restricted as compared to the average person in the general population
he/she is unfriendly and defensive against co workers and supervisors
he/she exhibits severe problems on a regular basis, such as hostility or social withdrawal
both A and C above

11.  Requests for medical examinations of applicants are permitted if:
they follow up on a request for reasonable accommodation when the need for accommodation is not obvious
an employer has objective evidence that an employee�s ability to perform essential job functions will be impaired by a medical condition
an employer has objective evidence to believe that the employee poses a direct threat due to a medical condition
all of the above

12.  A limited exception to the ADA confidentiality provisions is:
supervisors and managers may be told necessary restrictions on the work or duties of the employee and about necessary accommodations
co-workers may be told if they express they feel threatened by the person
no one should be told unless the person chooses to tell co workers him/herself
only A and B above

13.  When an individual requests reasonable accommodations:
the individual must let the employer know that he/she needs an adjustment or change at work for a reason related to a medical condition
he/she should know that the employer has a right to ask for documentation about the disability
a verbal request is considered sufficient to constitute a request for reasonable accommodation
all of the above

14.  The following is (are) considered reasonable accommodations:
changing a person�s work schedules to accommodate his/her disability
modifying a workplace policy when necessitated by an individual�s disability related limitations
medication monitoring
both A and B

15.  If employee has a hostile altercation with his supervisor and threatens the supervisor with physical harm:
it is illegal to terminate the employee if the behavior was caused by a medical condition/disability
the employer may terminate the employee if it is the employer�s policy to terminate anyone who threatens a supervisor
the employer is required to rescind the discharge if he is advised at that time that the employee�s conduct is due to a disability
both B and C

16.  An employer may lawfully exclude an individual from employment:
for safety reasons
only if the employer can show that employment of the individual would pose a �direct threat�
the individual has a history of psychiatric disability or is being treated for a psychiatric disability
both B and C

17.  Who can request reasonable accommodations on the part of an individual?
any third party acting on the employee�s behalf
a family member of the individual in need for reasonable accommodations can request it on their behalf
a friend of the individual in need for a reasonable accommodation may request it on their behalf
all of the above

18.  A �reasonable accommodation� does NOT include:
offering leave of absence to the disabled employee
lowering standards of the job
removing essential functions of the job
both B and C above

19.  To determine whether an individual would pose a direct threat, the factor(s) to be considered include:
duration of the risk
nature of the severity of the potential harm
likelihood that the potential harm will occur
all of the above

20.  Is it is a reasonable accommodation to adjust supervisory methods?
no, this is not reasonable according to the guidelines
no, but it is suggested
yes, supervisors play a central role in achieving effective reasonable accommodations for their employees
yes, but only if the documentation of supervision does not change

21.  Is it a reasonable accommodation to provide a job coach?
yes, an employer may be required to provide a temporary job coach to assist in the training of a qualified individual, barring undue hardship
yes, an employer may be required to provide a job coach, even a permanent one as part of an accommodation
no, an employer is not required to provide a job coach or any other form of training
no, but an employer must allow the employee to hire one for assistance if they pay for their services out of pocket

22.  How should an employer deal with an employee with a disability who is engaging in misconduct because he/she is not taking his/her medication?
the employer may require that the employee take their medication as prescribed as a condition of employment
the employer may terminate and employee who does not follow medical advice for a disability
the employer should focus on the employee�s conduct explaining the consequences of continued misconduct
the employer has no authority to act regarding misconduct when there is a documented disability

23.  Does and individual pose a direct threat in operating machinery solely because he/she takes medication that may, as a side effect, diminish concentration and/or coordination for some people?
No, never
No, determined on a case by case basis
Yes, always
Yes, if the medication is a class II narcotic

24.  Does an individual who has attempted suicide pose a direct threat when he/she returns to work?
no, in most circumstances
no, in any circumstance
yes, in most circumstances
yes, in any circumstance

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