Exam 10: Discrimination Based on Disability

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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:

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C

Explain the food handler defense under the ADA.

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An employer in the food service industry may refuse to assign or transfer to a job, involving food handling, any individual who has an infectious or communicable disease that can be transmitted to others through the handling of food, when the risk of infection cannot be eliminated by reasonable accommodation.

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:

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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:

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Wills appeared for a written examination for a job in the Department of Health in Federal Government. He was selected for the particular job, but the head of the department disqualified him on the ground of disability. In this case, 501 of the Rehabilitation Act, prohibits discrimination on the basis of disability by the:

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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:

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

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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.

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

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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:

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In which of the following cases did the Supreme Court hold that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the ADA?

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

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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.

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How do state laws handle discrimination with respect to disabilities?

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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:

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Explain the provisions of the ADA.

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

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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:

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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:

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Which of the following conditions are included in the definition of disability under the Americans with Disabilities Act (ADA)?

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