Question 1

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 2

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 3

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 4

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 5

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:

Accepted Answer

A)  ​communication with others. 
B)  ​rescue operations. 
C)  ​training. 
D)  ​meal times. 
A)  ​communication with others. 
B)  ​rescue operations. 
C)  ​training. 
D)  ​meal times.

Question 6

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 7

Remedies available under the Americans with Disabilities Act (ADA) include injunctions, hiring or reinstatement order and attorney fees.

Accepted Answer

A) True 
 B)False

Question 8

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 9

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

Accepted Answer

The constitutional challenges

Question 10

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:

Accepted Answer

A)  ​liquidated damages. 
B)  ​injunction. 
C)  ​front pay. 
D)  ​specific performance. 
A)  ​liquidated damages. 
B)  ​injunction. 
C)  ​front pay. 
D)  ​specific performance.

Question 11

What does Section 501 of the Rehabilitation Act deal with?​

Accepted Answer

Section 501 of the Rehabilitat

Question 12

Under the Americans with Disabilities Act (ADA), employers cannot refuse to hire or accommodate any individual including conditions that pose a "direct threat" to the health or safety of others in the workplace.

Accepted Answer

A) True 
 B)False

Question 13

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.

Accepted Answer

A) True 
 B)False

Question 14

How do state laws handle discrimination with respect to disabilities?​

Accepted Answer

All fifty states have laws that prohibit

Question 15

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..Constitution. 
B)  ​U...section 1980b. 
C)  ​Section 704(k) Title VII. 
D)  ​42 U...Section 1981A. 
A)  ​Fourth Amendment of the U..Constitution. 
B)  ​U...section 1980b. 
C)  ​Section 704(k) Title VII. 
D)  ​42 U...Section 1981A.

Question 16

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:

Accepted Answer

A)  ​the company can press charges against Sam since the Americans with Disabilities Act allows companies to take action against employees. 
B)  ​Sam is protected under Americans with Disabilities Act, which prohibits retaliation by the employers. 
C)  ​Sam cannot participate in the court proceedings since ADA provides a defense to the employers. 
D)  ​Sam can no longer be involved in this case since he terminated from employment prior to the proceedings. 
A)  ​the company can press charges against Sam since the Americans with Disabilities Act allows companies to take action against employees. 
B)  ​Sam is protected under Americans with Disabilities Act, which prohibits retaliation by the employers. 
C)  ​Sam cannot participate in the court proceedings since ADA provides a defense to the employers. 
D)  ​Sam can no longer be involved in this case since he terminated from employment prior to the proceedings.

Question 17

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

Question 18

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.

Accepted Answer

A)  ​National Labor Relation Act 
B)  ​Americans with Disabilities Act 
C)  ​Occupational Safety and Health Act 
D)  ​Equal Pay Act 
A)  ​National Labor Relation Act 
B)  ​Americans with Disabilities Act 
C)  ​Occupational Safety and Health Act 
D)  ​Equal Pay Act

Question 19

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:

Accepted Answer

A)  ​direct threat to safety. 
B)  ​religious entities. 
C)  ​health defenses. 
D)  ​job-related criteria. 
A)  ​direct threat to safety. 
B)  ​religious entities. 
C)  ​health defenses. 
D)  ​job-related criteria.

Question 20

Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?​

Accepted Answer

The definition of disability under both

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

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

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.

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.

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:

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?

Remedies available under the Americans with Disabilities Act (ADA) include injunctions, hiring or reinstatement order and attorney fees.

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.

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

What does Section 501 of the Rehabilitation Act deal with?

Under the Americans with Disabilities Act (ADA), employers cannot refuse to hire or accommodate any individual including conditions that pose a "direct threat" to the health or safety of others in the workplace.

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.

How do state laws handle discrimination with respect to disabilities?

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:

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:

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

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.

Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?

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 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 Employees Safety Nets:unemployment and Workers Compensation, Social Security, and Retirement Plans

The Fair Labor Standards Act

Filters

Exam 10: Discrimination Based on Disability

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

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

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.

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.

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:

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?​

Remedies available under the Americans with Disabilities Act (ADA) include injunctions, hiring or reinstatement order and attorney fees.

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.

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

What does Section 501 of the Rehabilitation Act deal with?​

Under the Americans with Disabilities Act (ADA), employers cannot refuse to hire or accommodate any individual including conditions that pose a "direct threat" to the health or safety of others in the workplace.

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.

How do state laws handle discrimination with respect to disabilities?​

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:

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:

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

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.

Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?​

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 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 Employees Safety Nets:unemployment and Workers Compensation, Social Security, and Retirement Plans

The Fair Labor Standards Act

Filters

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?

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

What does Section 501 of the Rehabilitation Act deal with?

How do state laws handle discrimination with respect to disabilities?

Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?