Question 1

What is the Rehabilitation Act? Explain it provisions.

Accepted Answer

The Rehabilitation Act of 1973 protects

Question 2

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 3

In Board of Trustees of the University of Alabama v. Garrett, the U.S. Supreme Court, in a 5-4 decision, ruled that the Eleventh Amendment to the U.S. Constitution gave the states immunity from individual suits for damages under the:

Accepted Answer

A)  Occupational Safety and Health Act. 
B)  National Labor Relation Act. 
C)  U. S. Constitution. 
D)  Americans with Disabilities Act. 
A)  Occupational Safety and Health Act. 
B)  National Labor Relation Act. 
C)  U. S. Constitution. 
D)  Americans with Disabilities Act.

Question 4

Explain the term "qualified individual with a disability."

Accepted Answer

Qualified Individual with a disability m

Question 5

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?

Accepted Answer

A)  Raytheon Co. v. Hernandez 
B)  Skinner v. Railway Labor Executives' Association 
C)  New York City Transit Authority v. Beazer 
D)  Vande Zande v. State of Wisconsin Dept 
A)  Raytheon Co. v. Hernandez 
B)  Skinner v. Railway Labor Executives' Association 
C)  New York City Transit Authority v. Beazer 
D)  Vande Zande v. State of Wisconsin Dept

Question 6

In Chalfant v. Titan Distribution, Inc., Chalfant sued Titan for disability discrimination under the ___________________ and was awarded ________________.

Accepted Answer

A)  National Labor Relation Act, $100, 000 in front pay 
B)  Americans with Disability Act, $60,000 in front pay. 
C)  Americans with Disability Act, $60,000 in back pay, 
D)  National Labor Relation Act, $100, 000 in front pay,. 
A)  National Labor Relation Act, $100, 000 in front pay 
B)  Americans with Disability Act, $60,000 in front pay. 
C)  Americans with Disability Act, $60,000 in back pay, 
D)  National Labor Relation Act, $100, 000 in front pay,.

Question 7

In Humphrey v. Memorial Hospitals Association, Carolyn Humphrey worked for Memorial Hospitals Association (MHA) as a medical transcriptionist. Humphrey was fired on October 10, 1995 because of her history of:

Accepted Answer

A)  stress and anxiety. 
B)  tardiness and absenteeism. 
C)  reduced sales and profitability. 
D)  surgery and heart disease. 
A)  stress and anxiety. 
B)  tardiness and absenteeism. 
C)  reduced sales and profitability. 
D)  surgery and heart disease.

Question 8

In Brown v. Lucky Stores, Inc., Lucky Stores fired Brown for abandoning her job. Brown filed suit against Lucky Stores and Hunt alleging discrimination based on her alcoholism under the ADA, Rehabilitation Act, FEHA and various state tort and contract claims. The trial court concluded Lucky Stores did not have a duty to accommodate Brown because she:

Accepted Answer

A)  is not disabled under the ADA. 
B)  did not suffer from the contagious disease. 
C)  never requested an accommodation. 
D)  declined the offer to take reasonable accommodation. 
A)  is not disabled under the ADA. 
B)  did not suffer from the contagious disease. 
C)  never requested an accommodation. 
D)  declined the offer to take reasonable accommodation.

Question 9

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 10

The provisions of the __________________ prohibit discrimination against otherwise qualified individuals with a disability.

Accepted Answer

A)  Civil Rights Act of 1984 
B)  Fair Labors Standards Act 
C)  Rehabilitation Act of 1973 
D)  Executive Order 11246 
A)  Civil Rights Act of 1984 
B)  Fair Labors Standards Act 
C)  Rehabilitation Act of 1973 
D)  Executive Order 11246

Question 11

Define "undue hardship".

Accepted Answer

An accommodation that requires

Question 12

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 13

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

Accepted Answer

The constitutional challenges

Question 14

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:

Accepted Answer

A)  violated Occupational Safety and Health Act. 
B)  violated Title VII of Civil Right Act. 
C)  did not violate Title I of ADA. 
D)  violated U. S. Constitution. 
A)  violated Occupational Safety and Health Act. 
B)  violated Title VII of Civil Right Act. 
C)  did not violate Title I of ADA. 
D)  violated U. S. Constitution.

Question 15

What is the American with Disabilities Act?

Accepted Answer

The ADA is a comprehensive piece of civi

Question 16

How is "disability" defined under the ADA?

Accepted Answer

The ADA defines "individual with a disab

Question 17

The _________________ was encouraged by the Americans with Disabilities Act (ADA) to develop a list of diseases that can be transmitted through food handling.

Accepted Answer

A)  American Medical Association 
B)  Public Health Service 
C)  U.S. Food and Drug Administration 
D)  Secretary of Health and Human Services 
A)  American Medical Association 
B)  Public Health Service 
C)  U.S. Food and Drug Administration 
D)  Secretary of Health and Human Services

Question 18

What does Section 501 of the Rehabilitation Act deal with?

Accepted Answer

Section 501 of the Rehabilitat

Question 19

Significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation is known as:

Accepted Answer

A)  essential function. 
B)  avoidable risk. 
C)  direct threat. 
D)  undue hardship. 
A)  essential function. 
B)  avoidable risk. 
C)  direct threat. 
D)  undue hardship.

Question 20

What are the defenses available under the ADA?

Accepted Answer

In addition to the defense of undue hard

What is the Rehabilitation Act? Explain it provisions.

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 Board of Trustees of the University of Alabama v. Garrett, the U.S. Supreme Court, in a 5-4 decision, ruled that the Eleventh Amendment to the U.S. Constitution gave the states immunity from individual suits for damages under the:

Explain the term "qualified individual with a 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?

In Chalfant v. Titan Distribution, Inc., Chalfant sued Titan for disability discrimination under the ___ and was awarded .

In Humphrey v. Memorial Hospitals Association, Carolyn Humphrey worked for Memorial Hospitals Association (MHA) as a medical transcriptionist. Humphrey was fired on October 10, 1995 because of her history of:

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

The provisions of the __________________ prohibit discrimination against otherwise qualified individuals with a disability.

Define "undue hardship".

Drug testing by employers is not generally prohibited by any:

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

What is the American with Disabilities Act?

How is "disability" defined under the ADA?

The _________________ was encouraged by the Americans with Disabilities Act (ADA) to develop a list of diseases that can be transmitted through food handling.

What does Section 501 of the Rehabilitation Act deal with?

Significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation is known as:

What are the defenses available under the ADA?

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 Title VII

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 Rehabilitation Act? Explain it provisions.

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 Board of Trustees of the University of Alabama v. Garrett, the U.S. Supreme Court, in a 5-4 decision, ruled that the Eleventh Amendment to the U.S. Constitution gave the states immunity from individual suits for damages under the:

Explain the term "qualified individual with a 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?

In Chalfant v. Titan Distribution, Inc., Chalfant sued Titan for disability discrimination under the ___________________ and was awarded ________________.

In Humphrey v. Memorial Hospitals Association, Carolyn Humphrey worked for Memorial Hospitals Association (MHA) as a medical transcriptionist. Humphrey was fired on October 10, 1995 because of her history of:

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

The provisions of the __________________ prohibit discrimination against otherwise qualified individuals with a disability.

Define "undue hardship".

Drug testing by employers is not generally prohibited by any:

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

What is the American with Disabilities Act?

How is "disability" defined under the ADA?

The _________________ was encouraged by the Americans with Disabilities Act (ADA) to develop a list of diseases that can be transmitted through food handling.

What does Section 501 of the Rehabilitation Act deal with?

Significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation is known as:

What are the defenses available under the ADA?

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 Title VII

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

In Chalfant v. Titan Distribution, Inc., Chalfant sued Titan for disability discrimination under the ___ and was awarded .