Deck 10: Reasonably Accommodating Disability and Religion

Question 1

In order to be a qualified individual with a disability, a disabled person must:

A) meet the same, job-related education, skill, and background requirements as other job candidates or employees
B) not pose a direct threat others but may pose a threat to his or her own health
C) be able to satisfactorily perform all of the functions of a job
D) all of the above
E) none the above

Answer 1

A

Question 2

In Cloutier v. Costco , Cloutier was fired for violation of a no facial jewelry (other than earrings) provision of the dress code. Costco was successful because:

A) Costco had no duty to accommodate because it could not do so without undue hardship
B) Costco made an offer to accommodate after Cloutier s adverse employment action and was therefore shielded from liability under Title VII
C) the Church of Body Modification was not a recognized church so Cloutier s beliefs did not fall under religious discrimination requiring accommodation
D) Cloutier s beliefs did not include worship or recognition of a supreme being or deity so they could not be considered religious thereby requiring accommodation
E) none of the above

Answer 2

A

Question 3

The American s with Disabilities Act (ADA):

A) applies to private sector employers with 15 or more employees
B) amends and supercedes the Rehabilitation Act
C) protects all disabled persons against discrimination in employment by covered employers
D) all of the above
E) none of the above

Answer 3

A

Question 4

An employee can be considered disabled under the ADA if:

A) she has an existing disability
B) she is erroneously regarded as being disabled
C) she is not currently disabled, but has a record of a prior disability
D) a and b
E) all of the above

Question 5

Under Title VII, the concept of religion is limited to:

A) membership in or affiliation with an established church or denomination
B) beliefs or practices that a church or denomination requires of its members
C) beliefs or practices centering on the worship of a God or other deity
D) all of the above
E) none of the above

Question 6

In responding to requests for reasonable accommodation, employers should NOT:

A) engage in an interactive process with disabled employees
B) limit medical inquiries to information needed to assess functional limitations
C) discuss the disabled employee s need for accommodation with other employees
D) all of the above
E) none of the above

Question 7

Title VII s religious organization exemption:

A) requires religious organizations to establish BFOQs based on religion
B) exempts religious organizations from all of Title VII s requirements
C) allows religious organizations to favor persons of the same faith for positions that have clear spiritual functions, but not for secular activities
D) allows religious organizations to favor persons of the same faith for secular activities, but not for positions that have clear spiritual functions
E) none of the above

Question 8

Which of the following is necessary to establish the existence of a disability under the ADA?

A) having a physical basis for one s impairment
B) being diagnosed with an impairment that is included on the ADA s list of recognized disabilities
C) receiving regular medical treatment for one s condition
D) all of the above
E) none of the above

Question 9

In order to be substantially limiting, a condition must:

A) render an employee unable to perform her previous job
B) be chronic or expected to have a long-term impact on functioning
C) without the aid of any corrective devices used by the employee, make it impossible to perform one or more major life activities
D) all of the above
E) none of the above

Question 10

Which of the following would usually be considered a reasonable accommodation of disability?

A) providing a part-time or modified work schedule
B) relaxing a production
C) relaxing a performance standard
D) transferring essential job functions to others

Question 11

In Ekstrand v School District of Somerset , a teacher who taught kindergarten successfully for 5 years was assigned to a classroom without windows. She advised the principal that she suffered from seasonal affective disorder, a form of depression, and that she needed the natural light from a window to counteract the disorder. She submitted a letter from her psychologist advising of the condition and the need for natural light, but the school refused. There was an empty classroom with a window, and another teacher had offered to switch classrooms since she had one with a window, but the school would not allow it. The District Court granted summary judgment to the school district, and the teacher appealed. The Appellate Court ruled:

A) for the school district, since the teacher had not documented her need for an accommodation.
B) for the school district, since the school district had no accommodation to offer which did not involve an undue hardship
C) for the teacher, because she had documented her need for an accommodation, and the school district could have made a reasonable accommodation
D) for the teacher, because she suffered severe consequences as a result of the school district s failure to accommodate her disability

Question 12

Which of the following is an element of a prima facie case of failure to reasonably accommodate religion?

A) that a specific reasonable accommodation was requested by the plaintiff
B) that a conflict exists between a sincere religious belief or practice and an employment requirement
C) that the requested accommodation would not impose undue hardship
D) all of the above
E) none of the above

Question 13

Regarding an employer s obligation to accommodate disability and religion, it can be said that: a. the obligation to accommodate in these areas is consistent with the employer s obligation to accommodate in other areas of the employment relationship b. the obligation to accommodate in the areas of disability and religion is unique to those areas of the employment relationship c. the obligation to accommodate is voluntary, except for federal employers d. b and c only 20. As the Assistant Human Resources Manager, you have access to the employment files of all of the employees, including management. You have inadvertently learned that the Vice President of Sales has tested positive for the HIV virus. You know that he is married, but doubt that he s told his wife. What should you do?

A) call his wife, and tell her that you regret you must give her some bad news; then, simply tell her
B) call his wife, but ask to come and see her in person; this is not the sort of news that one should deliver by telephone
C) talk to the Human Resources Manager, and ask her advice
D) nothing

Question 14

You ve been attending the same Presbyterian Church for the last 11 years, and the Pastor has asked you to serve as Church Secretary and manage the office. One of your tasks will be to put together the bulletin for services each Sunday, but you d also like to create a website for the church. When you tell the Pastor, he thinks it s a wonderful idea, and sets aside some money to pay for the creation of the church s website. After a diligent search for qualified candidates, you ve come up with two. The only trouble is that the best candidate is not Presbyterian, but Anglican. Can you hire her?

A) no; because this is a Presbyterian Church, you must hire a Presbyterian
B) yes; Title VII contains an exemption for religious bodies who hire for secular positions
C) yes; Title VII is not relevant. Although most churches prefer to hire members of their own flock even for secular positions, there is no requirement to do so.
D) none of these

Question 15

Which of the following laws applies to federal employees?

A) The Disability Act
B) The Protection of Major Life Activities Act
C) The Americans with Disabilities Act
D) The Rehabilitation Act

Question 16

Regarding the HIV status of employees in most jobs, which of the following is NOT correct:

A) an employee who is HIV positive is a direct threat to himself
B) an employee who is HIV positive is a direct threat to others
C) an employee who is HIV positive is owed a reasonable accommodation
D) a and b are not correct
E) none of these is correct

Question 17

As the new Human Resources Manager for Bell s Dollar Store, you are still getting to know your employees. One in particular has come to your attention, because he always seems to be out in the aisles of the store, rather than at the cashier s desk or in the stockroom. During a routine cleaning of lockers, you discover that several small items from store inventory were in his locker. The items were of little value. After considering the matter, you correctly conclude:

A) the employee has been guilty of theft, and should be fired immediately
B) the employee probably has a disorder known as kleptomania, which compels him to take and hoard small objects; since this is a disability under the Americans with Disabilities Act, you must decide whether you can make a reasonable accommodation
C) the employee probably has a disorder known as kleptomania, which compels him to take and hoard small objects; you decide to speak to him privately, tell him he is fired, and urge him to seek help for his condition
D) none of the above

Question 18

Under the ADA, it is important that job descriptions:

A) clearly identify the essential functions of jobs
B) clearly specify how job tasks are to be carried out
C) list reasonable accommodations that are available to an employee in this job
D) all of the above
E) none of the above

Question 19

In order to conclude that a proposed accommodation of disability would impose undue hardship on an employer, it must be shown that:

A) the proposed accommodation would not be a reasonable one
B) the cost of the accommodation exceeds the benefits it would produce
C) the cost exceeds the general $2000 threshold specified in the ADA
D) a and c
E) none of the above