Chat with AIExam 10: Discrimination Based on Disability
In which of the following cases did the Supreme Court uphold the constitutionality of Federal Railroad Administration regulations that required drug tests of all railroad employees involved in accidents, regardless of whether there was any reason to suspect individual employees of drug use?
(42) 
VerifiedB
Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?
(40) VerifiedThe definition of disability under both the ADA and the Rehabilitation Act includes contagious diseases, such as AIDS. Although AIDS is contagious, medical authorities agree that it is not transmitted through the casual contact likely to occur in the workplace. The courts have consistently held that persons who are HIV-positive suffering from AIDS or AIDS-related conditions are individuals with a disability under the Rehabilitation Act and the ADA. Therefore, employers are required to make reasonable accommodation for employees with AIDS or related conditions, as long as the employees are capable of performing the essential functions of the job and do not present a direct threat to the health or safety of others.
Explain the term " qualified individual with a disability."
(39) VerifiedQualified Individual with a disability means an individual with a disability who is able to perform, with reasonable accommodation, the requirements of the job in question, despite the disability. The ADA and the Rehabilitation Act impose obligations not to discriminate against an otherwise qualified individual with a disability. The individual claiming to be qualified has the burden of demonstrating his or her ability to meet all physical requirements legitimately necessary for the performance of duties. An employer is not required to hire a person with a disability who is not capable of performing the duties of the job. However, the regulations under the act require the employer to make "reasonable accommodation" to the disabilities of individuals.
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:
(38) In Hazelwood v. Highland Hospital, the court held that the employer violated the ADA by terminating a deaf employee.
(26) The _____ applies to both private and public sector employers with fifteen or more employees, but does not apply to most federal government employers, American Indian tribes, or bona fide private membership clubs.
(35) Employers do not retain the right to refuse to hire or promote individuals with a disability who are unable to meet standards, tests, or criteria.
(34) A gymnasium was operated by the Church of Jesus Christ of Latter-day Saints. Aslam was physically challenged, but was able to undertake the job requirements. However, when he applied for the job, he was refused for the position. He filed a suit against the Church alleging violation of ADA by denying him the job. In this case, the church:
(35) In National Treasury Employees Union v. Von Raab, the Supreme Court upheld rules of the:
(35) Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability by:
(33) In Severino v. North Fort Meyers Fire Control Dist., it was held that a firefighter who was HIV-positive was reasonably accommodated under the Rehabilitation Act by being reassigned to light duties because the medical evidence indicated a risk of transmission of his disease to others during:
(40) 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:
(50) 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:
(34) The Americans with Disabilities Act (ADA)considers a drug test to be a medical examination, and it prohibits an employer from administering drug tests to its employees or from making employment decisions based on the results of such tests.
(35) Private Transport Company was hiring for a bus driver position. Trevor was one of the candidates who applied for the job, but his application was rejected due to his poor vision. Trevor filed suit in court stating that the transport company violated ADA by rejecting his job application. In this case, the company most likely has defenses under:
(42) Remedies available under the Americans with Disabilities Act (ADA)include injunctions, hiring or reinstatement order and attorney fees.
(45) 
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