Exam 10: Discrimination Based on Disability

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Assume that Dave Johnson was suffering from physical disability and applied for a job at Coury Company.If Coury Company rejects his application because of his disability, they have:

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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.

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:

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Explain the provisions of the ADA.

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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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Does the ADA consider drug tests to be medical tests?​

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Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability by:

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How is "disability" defined under the ADA?​

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Under the Americans with Disabilities Act (ADA), an employer is required to make accommodation for an individual even if the accommodation would impose undue hardship on the operation of the business of the covered entity.

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What is the procedure to claim remedies under the ADA?​

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

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What are the defenses available under the ADA?​

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

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

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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.

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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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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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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:

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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 _____, the Supreme Court held that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the Americans with Disabilities Act (ADA).

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