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PHR · Question #148
PHR Question #148: Real Exam Question with Answer & Explanation
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.
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
Explanation
The ADA defines disability using three specific statutory prongs, and a vague 'believed by employers' formulation is not among them.
Common mistakes.
- A. 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.
- B. 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.
- D. 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
Reference. https://www.eeoc.gov/statutes/americans-disabilities-act-1990
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