Question 1

What is the procedure to claim remedies under the ADA?

Accepted Answer

An individual must first file a complaint with a state or local agency,where appropriate,and then with the EEOC.The EEOC,or the individual if the EEOC declines,may file suit against an employer.

Question 2

The Americans with Disabilities Act (ADA) applies to all of the following individuals or groups except:

Accepted Answer

A) House of Representatives. 
B)  U.S.employers operating abroad or controlling foreign corporations. 
C)  Federal government employers. 
D)  private and public sector employers with fifteen or more employees. 
A) House of Representatives. 
B)  U.S.employers operating abroad or controlling foreign corporations. 
C)  Federal government employers. 
D)  private and public sector employers with fifteen or more employees. C

Question 3

In Smith v.Blue Cross/Blue Shield of Kansas,Inc.,an accommodation that would eliminate an essential function of the employee's job is not reasonable,and an employer is not required to wait indefinitely for:

Accepted Answer

A)  an employee to return to work. 
B)  the government to take action. 
C)  insurance to be paid. 
D)  an employee to take medical test. 
A)  an employee to return to work. 
B)  the government to take action. 
C)  insurance to be paid. 
D)  an employee to take medical test. A

Question 4

In National Treasury Employees Union v.Von Raab,the Supreme Court upheld rules of the_______________.

Accepted Answer

A)  U.S.Customs Service 
B)  U.S.Prevention of Drug Act 
C)  National Labor Relation Board 
D)  Occupational Safety and Health Act 
A)  U.S.Customs Service 
B)  U.S.Prevention of Drug Act 
C)  National Labor Relation Board 
D)  Occupational Safety and Health Act

Question 5

Employers are required to make ____________________for employees with AIDS or related conditions,as long as the employees are capable of performing the essential functions of the job.

Accepted Answer

A)  rehabilitation 
B)  reasonable accommodation 
C)  disability exception provision 
D)  improvisations 
A)  rehabilitation 
B)  reasonable accommodation 
C)  disability exception provision 
D)  improvisations

Question 6

What are the defenses available under the ADA?

Accepted Answer

In addition to the defense of undue hard

Question 7

Does the ADA consider drug tests to be medical tests?

Accepted Answer

The act does not consider a drug test to

Question 8

In Vande Zande v.State of Wisconsin Dept.of Administration,the court held that an employer's refusal to allow a disabled employee to work at home was:

Accepted Answer

A)  a violation of the ADA. 
B)  a discriminatory action. 
C)  not a violation of the ADA. 
D)  a violation of the NLRA. 
A)  a violation of the ADA. 
B)  a discriminatory action. 
C)  not a violation of the ADA. 
D)  a violation of the NLRA.

Question 9

Smith was an employee of NYC Inc.with a history of alcohol and drug abuse.Though he successfully completed rehabilitation,he frequently fell ill which caused him to be absent from work..The owner of the factory assumed that Smith had slipped back into drug and alcohol abuse and insisted that Smith undergo random testing each week.Smith filed a lawsuit in court alleging that the company's decision was discriminatory and violated the ADA.The court held that:

Accepted Answer

A)  ADA does not consider drug test to be a medical test. 
B)  the factory practices violated Americans with Disabilities Act. 
C)  under the ADA a drug test may be considered to be a medical test. 
D)  the factory owner can conduct the test despite Smith's disapproval. 
A)  ADA does not consider drug test to be a medical test. 
B)  the factory practices violated Americans with Disabilities Act. 
C)  under the ADA a drug test may be considered to be a medical test. 
D)  the factory owner can conduct the test despite Smith's disapproval.

Question 10

Discrimination on the basis of disability against otherwise qualified individuals with a disability by persons or entities operating or administering any federally funded programs is prohibited under the:

Accepted Answer

A)  Civil Rights Act, section 501. 
B)  Americans With Disabilities Act, section 503. 
C)  Rehabilitation Act, section 504. 
D)  Title VII, section 505. 
A)  Civil Rights Act, section 501. 
B)  Americans With Disabilities Act, section 503. 
C)  Rehabilitation Act, section 504. 
D)  Title VII, section 505.

Question 11

What does Section 501 of the Rehabilitation Act deal with?

Accepted Answer

Section 501 of the Rehabilitat

Question 12

The Civil Rights Act of 1991 was amended to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the Americans with Disabilities Act (ADA) under:

Accepted Answer

A)  Fourth Amendment of the U.S.Constitution. 
B)  U.S.C.section 1980b. 
C)  Section 704(k) Title VII. 
D)  42 U.S.C.Section 1981A. 
A)  Fourth Amendment of the U.S.Constitution. 
B)  U.S.C.section 1980b. 
C)  Section 704(k) Title VII. 
D)  42 U.S.C.Section 1981A.

Question 13

Drug testing by employers is not generally prohibited by any:

Accepted Answer

A)  federal legislation. 
B)  states legislation. 
C)  state statutes. 
D)  private companies. 
A)  federal legislation. 
B)  states legislation. 
C)  state statutes. 
D)  private companies.

Question 14

What is the constitutional validity of drug testing by public sector employment?

Accepted Answer

The constitutional challenges

Question 15

Bruce was an excellent kitchen manager who had recently tested positive for AIDS.He applied for a job in a restaurant,but was rejected because the restaurant feared that his illness may transmit to others when he handled the food.This is a violation of Americans with Disabilities Act.Under this circumstance,Bruce has legal remedies in the form of:

Accepted Answer

A)  liquidated damages. 
B)  injunction. 
C)  front pay. 
D)  specific performance. 
A)  liquidated damages. 
B)  injunction. 
C)  front pay. 
D)  specific performance.

Question 16

In Georgia Association of Educators v.Harris,a federal court in Georgia:

Accepted Answer

A)  held that asymptomatic HIV was a disability within the meaning of the ADA because it was a medical condition that impaired the major life activity of reproduction. 
B)  granted an injunction against transfer to a Georgia administrative position because the risk of AIDS transmission in the classroom was minimal. 
C)  issued an injunction against the enforcement of Georgia legislation requiring drug tests of all applicants for state employment. 
D)  issued an injunction to prevent an employer from unilaterally implementing a drug testing program. 
A)  held that asymptomatic HIV was a disability within the meaning of the ADA because it was a medical condition that impaired the major life activity of reproduction. 
B)  granted an injunction against transfer to a Georgia administrative position because the risk of AIDS transmission in the classroom was minimal. 
C)  issued an injunction against the enforcement of Georgia legislation requiring drug tests of all applicants for state employment. 
D)  issued an injunction to prevent an employer from unilaterally implementing a drug testing program.

Question 17

Duke was an employee at General Vehicles Company.He had a problem with alcohol and often remained absent from work.The company decided to terminate him from employment after confirming their suspicions,but without providing a warning or any suggestion to undergo rehabilitation.In this case,the company violated ADA and Rehabilitation Act,which failed to:

Accepted Answer

A)  a proper medical test. 
B)  make reasonable accommodation. 
C)  establish the connection between alcoholism and productivity. 
D)  make any further investigation. 
A)  a proper medical test. 
B)  make reasonable accommodation. 
C)  establish the connection between alcoholism and productivity. 
D)  make any further investigation.

Question 18

Ruth was diagnosed with an advanced stage of AIDS.Since she was a chef at a restaurant,the employer refused to allow her to work in the kitchen fearing that she may transmit the disease to others through food.Ruth filed a suit against the employer stating violation of ADA by refusing her job on the basis of her disability.There is a strong probability that the court held that,the employer has:

Accepted Answer

A)  violated ADA. 
B)  food handler defense. 
C)  job-related criteria defense. 
D)  violated NLRA. 
A)  violated ADA. 
B)  food handler defense. 
C)  job-related criteria defense. 
D)  violated NLRA.

Question 19

Richard (plaintiff) tested positive for AIDS.He applied for a job at Gray Company (defendant),but was refused a job by the company due to his illness.He filed a lawsuit against the company by alleging violation of ADA.In this scenario,there is a strong possibility that the defendant may refuse to hire or accommodate an individual if:

Accepted Answer

A)  the individual has any type of sexually transmitted illness. 
B)  that individual's condition poses a direct threat to the health of other workers. 
C)  the individual has tested positive for AIDS or any such communicable disease. 
D)  it can be established that Richard's illness would cause discomfort among the other employees. 
A)  the individual has any type of sexually transmitted illness. 
B)  that individual's condition poses a direct threat to the health of other workers. 
C)  the individual has tested positive for AIDS or any such communicable disease. 
D)  it can be established that Richard's illness would cause discomfort among the other employees.

Question 20

Sam was fired from his employment because he had opposed the management decision to terminate several disabled coworkers from employment.Sam filed a complaint and participated in proceedings under the ADA against the employer.In this case:

Accepted Answer

A)  the company can press charges against Sam since the Americans with Disabilities Act allows companies to take action against employees. 
B)  Sam is protected under Americans with Disabilities Act, which prohibits retaliation by the employers. 
C)  Sam cannot participate in the court proceedings since ADA provides a defense to the employers. 
D)  Sam can no longer be involved in this case since he terminated from employment prior to the proceedings. 
A)  the company can press charges against Sam since the Americans with Disabilities Act allows companies to take action against employees. 
B)  Sam is protected under Americans with Disabilities Act, which prohibits retaliation by the employers. 
C)  Sam cannot participate in the court proceedings since ADA provides a defense to the employers. 
D)  Sam can no longer be involved in this case since he terminated from employment prior to the proceedings.

What is the procedure to claim remedies under the ADA?

The Americans with Disabilities Act (ADA) applies to all of the following individuals or groups except:

In Smith v.Blue Cross/Blue Shield of Kansas,Inc.,an accommodation that would eliminate an essential function of the employee's job is not reasonable,and an employer is not required to wait indefinitely for:

In National Treasury Employees Union v.Von Raab,the Supreme Court upheld rules of the_______________.

Employers are required to make ____________________for employees with AIDS or related conditions,as long as the employees are capable of performing the essential functions of the job.

What are the defenses available under the ADA?

Does the ADA consider drug tests to be medical tests?

In Vande Zande v.State of Wisconsin Dept.of Administration,the court held that an employer's refusal to allow a disabled employee to work at home was:

Discrimination on the basis of disability against otherwise qualified individuals with a disability by persons or entities operating or administering any federally funded programs is prohibited under the:

What does Section 501 of the Rehabilitation Act deal with?

The Civil Rights Act of 1991 was amended to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the Americans with Disabilities Act (ADA) under:

Drug testing by employers is not generally prohibited by any:

What is the constitutional validity of drug testing by public sector employment?

In Georgia Association of Educators v.Harris,a federal court in Georgia:

Sam was fired from his employment because he had opposed the management decision to terminate several disabled coworkers from employment.Sam filed a complaint and participated in proceedings under the ADA against the employer.In this case:

First The Forest, Then The Trees: An Overview Of Employment And Labor Law

Employment Contracts And Wrongful Discharge

Commonly Committed Workplace Torts

Employee Privacy Rights In The 21st Century

The Global Perspective: International Employment Law And American Immigration Policy

Title Vii Of The Civil Rights Act And Race Discrimination

Gender And Family Issues: Title Vii And Other Legislation

Discrimination Based On Religion And National Origin & Procedures Under

Discrimination Based on Age

Other Eeo And Employment Legislation: Federal And State Laws

The Rise Of Organized Labor And Its Regulatory Framework

The Unionization Process

Unfair Labor Practices By Employers And Unions

Collective Bargaining

Picketing And Strikes

The Enforcement And Administration Of The Collective Agreement

The Rights Of Union Members

Public Sector Labor Relations

Occupational Safety And Health

The employee’ s safety nets: unemployment and workers’ compensation social security and retirement plans

The fair labor standards act

Filters

Exam 10: Discrimination Based On Disability

What is the procedure to claim remedies under the ADA?

The Americans with Disabilities Act (ADA) applies to all of the following individuals or groups except:

In Smith v.Blue Cross/Blue Shield of Kansas,Inc.,an accommodation that would eliminate an essential function of the employee's job is not reasonable,and an employer is not required to wait indefinitely for:

In National Treasury Employees Union v.Von Raab,the Supreme Court upheld rules of the_______________.

Employers are required to make ____________________for employees with AIDS or related conditions,as long as the employees are capable of performing the essential functions of the job.

What are the defenses available under the ADA?

Does the ADA consider drug tests to be medical tests?

In Vande Zande v.State of Wisconsin Dept.of Administration,the court held that an employer's refusal to allow a disabled employee to work at home was:

Discrimination on the basis of disability against otherwise qualified individuals with a disability by persons or entities operating or administering any federally funded programs is prohibited under the:

What does Section 501 of the Rehabilitation Act deal with?

The Civil Rights Act of 1991 was amended to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the Americans with Disabilities Act (ADA) under:

Drug testing by employers is not generally prohibited by any:

What is the constitutional validity of drug testing by public sector employment?

In Georgia Association of Educators v.Harris,a federal court in Georgia:

Sam was fired from his employment because he had opposed the management decision to terminate several disabled coworkers from employment.Sam filed a complaint and participated in proceedings under the ADA against the employer.In this case:

First The Forest, Then The Trees: An Overview Of Employment And Labor Law

Employment Contracts And Wrongful Discharge

Commonly Committed Workplace Torts

Employee Privacy Rights In The 21st Century

The Global Perspective: International Employment Law And American Immigration Policy

Title Vii Of The Civil Rights Act And Race Discrimination

Gender And Family Issues: Title Vii And Other Legislation

Discrimination Based On Religion And National Origin & Procedures Under

Discrimination Based on Age

Other Eeo And Employment Legislation: Federal And State Laws

The Rise Of Organized Labor And Its Regulatory Framework

The Unionization Process

Unfair Labor Practices By Employers And Unions

Collective Bargaining

Picketing And Strikes

The Enforcement And Administration Of The Collective Agreement

The Rights Of Union Members

Public Sector Labor Relations

Occupational Safety And Health

The employee’ s safety nets: unemployment and workers’ compensation social security and retirement plans

The fair labor standards act

Filters