Question 1

What is the Rehabilitation Act? Explain it provisions.

Accepted Answer

The Rehabilitation Act of 1973 protects

Question 2

An employer in the food service industry can refuse to assign or transfer to a job, involving food handling, to any individual who has an infectious or communicable disease that could be transmitted to others through the handling of food.

Accepted Answer

A) True 
 B)False

Question 3

An individual must first file an ADA complaint with a state or local agency, where appropriate, and then with the:

Accepted Answer

A) EEOC. 
B) OSHA. 
C) NLRB. 
D) U.S. Supreme Court. 
A) EEOC. 
B) OSHA. 
C) NLRB. 
D) U.S. Supreme Court.

Question 4

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 5

All the fifty states in the U.S. have their own laws that prohibit discrimination against individuals with disabilities.

Accepted Answer

A) True 
 B)False

Question 6

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 7

What does Section 501 of the Rehabilitation Act deal with?

Accepted Answer

Section 501 of the Rehabilitat

Question 8

The Rehabilitation Act of 1973 does not protect the employment rights of individuals with a disability.

Accepted Answer

A) True 
 B)False

Question 9

The Americans with Disabilities Act (ADA)applies to both private and public sector employers with fifteen or more employees but it does not apply to most federal government employers.

Accepted Answer

A) True 
 B)False

Question 10

The Americans with Disabilities Act (ADA)prohibits retaliation against any individual because the individual has opposed any act or practice unlawful under the ADA or because the individual has filed a charge or participated in any manner in a proceeding under the ADA.

Accepted Answer

A) True 
 B)False

Question 11

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 12

An employer failing to make reasonable accommodation commits illegal discrimination under the Americans with Disabilities Act (ADA).

Accepted Answer

A) True 
 B)False

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

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.

Question 15

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 16

What is the American with Disabilities Act?

Accepted Answer

The ADA is a comprehensive piece of civi

Question 17

What are the defenses available under the ADA?

Accepted Answer

In addition to the defense of undue hard

Question 18

How do state laws handle discrimination with respect to disabilities?

Accepted Answer

All fifty states have laws that prohibit

Question 19

The constitutional challenges to public sector drug testing are based on the _____, which forbids unreasonable searches or seizures by the government.

Accepted Answer

A) Third amendment 
B) Fourth amendment 
C) Equal Protection Act 
D) Sixth amendment 
A) Third amendment 
B) Fourth amendment 
C) Equal Protection Act 
D) Sixth amendment

Question 20

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.

Exam 10: Discrimination Based on Disability

What is the Rehabilitation Act? Explain it provisions.

An employer in the food service industry can refuse to assign or transfer to a job, involving food handling, to any individual who has an infectious or communicable disease that could be transmitted to others through the handling of food.

An individual must first file an ADA complaint with a state or local agency, where appropriate, and then with the:

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:

All the fifty states in the U.S. have their own laws that prohibit discrimination against individuals with disabilities.

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:

What does Section 501 of the Rehabilitation Act deal with?

The Rehabilitation Act of 1973 does not protect the employment rights of individuals with a disability.

The Americans with Disabilities Act (ADA)applies to both private and public sector employers with fifteen or more employees but it does not apply to most federal government employers.

The Americans with Disabilities Act (ADA)prohibits retaliation against any individual because the individual has opposed any act or practice unlawful under the ADA or because the individual has filed a charge or participated in any manner in a proceeding under the ADA.

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.

An employer failing to make reasonable accommodation commits illegal discrimination under the Americans with Disabilities Act (ADA).

Drug testing by employers is not generally prohibited by any:

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:

What is the American with Disabilities Act?

What are the defenses available under the ADA?

How do state laws handle discrimination with respect to disabilities?

The constitutional challenges to public sector drug testing are based on the _____, which forbids unreasonable searches or seizures by the government.

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:

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 and Procedures Under Title Vii

Discrimination Based on Age

Other Equal Employment Opportunity 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 Employees Safety Nets: Unemployment and Workers Compensation, Social Security, and Retirement Plans

The Fair Labor Standards Act

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