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PHR · Question #148

The Americans with Disabilities Act of 1990 identifies an individual with a disability, as a person who has one or more of the following characteristics except for which one?

The correct answer is C. Is believed by employers that an individual having a physical or mental impairment substantially. The ADA defines disability using three specific statutory prongs, and a vague 'believed by employers' formulation is not among them.

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Question

The Americans with Disabilities Act of 1990 identifies an individual with a disability, as a person who has one or more of the following characteristics except for which one?

Options

  • AHas a record of such impairment that substantially limits one or more major life activities
  • BIs regarded as having such impairment that substantially limits one or more major life activities
  • CIs believed by employers that an individual having a physical or mental impairment substantially
  • DHas a physical or mental impairment that substantially limits one or more major life activities

How the community answered

(30 responses)
  • A
    3% (1)
  • B
    10% (3)
  • C
    83% (25)
  • D
    3% (1)

Why each option

The ADA defines disability using three specific statutory prongs, and a vague 'believed by employers' formulation is not among them.

AHas a record of such impairment that substantially limits one or more major life activities

Having a record of a physical or mental impairment that substantially limits one or more major life activities is explicitly the second prong of the ADA's statutory definition of disability.

BIs regarded as having such impairment that substantially limits one or more major life activities

Being regarded as having an impairment that substantially limits one or more major life activities is explicitly the third prong of the ADA's definition and a recognized basis for protection under the law.

CIs believed by employers that an individual having a physical or mental impairment substantiallyCorrect

The ADA's three-part definition of disability covers: (1) having an actual physical or mental impairment that substantially limits a major life activity, (2) having a record of such impairment, and (3) being regarded as having such impairment - 'is believed by employers' is not a recognized statutory prong and is a distorted paraphrase that does not appear in the statute. Because it matches none of the three official categories, it is the one characteristic that does not belong.

DHas a physical or mental impairment that substantially limits one or more major life activities

Having an actual physical or mental impairment that substantially limits one or more major life activities is the first and primary prong of the ADA's definition of disability.

Concept tested: ADA statutory three-part definition of disability

Source: https://www.eeoc.gov/statutes/americans-disabilities-act-1990

Topics

#ADA 1990#disability definition#protected class#employment law

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