Deck 9: Reasonably Accommodating Disability and Religion

Question 1

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)continue an ongoing dialogue with the employee about reasonable accommodation needs

Answer 1

C

Question 2

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)having a physical or mental disability which affects at least one major life activity

Answer 2

D

Question 3

Regarding a perceived disability, it is correct to say that:

A)people who are not disabled, but are erroneously regarded as being disabled are protected by the ADA
B)managers should not learn about any medical restrictions placed on their employees before making decisions about their suitability for employment opportunities
C)only people who are perceived as having a mental disability come under this category
D)people who are regarded as disabled even though they are not, are not entitled to a reasonable accommodation

Answer 3

A

Question 4

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)not require an reasonable accommodation

Question 5

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)the proposed accommodation would disrupt the business

Question 6

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)require something more than eyeglasses or hearing aids

Question 7

Under Title VII, the concept of "religion" is:

A)limited to membership in or affiliation with an established church or denomination
B)applicable to beliefs or practices that a church or denomination requires of its members
C)applicable to beliefs or practices centering on the worship of a God or other deity
D)broadly interpreted

Question 8

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 9

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

Question 10

Once a reasonable accommodation is made for a disabled employee, the employer has met its obligation for the duration of the person's employment.

Question 11

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)clearly identify the working conditions for this job

Question 12

The "reasonable accommodation" standard is the same for both disability and religion.

Question 13

An employee is not disabled under the ADA if:

A)she has an existing disability which substantially limits a major life activity
B)she is erroneously regarded as being disabled
C)she is not currently disabled, but has a record of a prior disability
D)she has a disability which does not substantially limit a major life activity

Question 14

In order to take advantage of the religious organization exemption, the religious organization must prove a BFOQ based on religion.

Question 15

Title VII's religious organization exemption:

A)requires religious organizations to establish BFOQs based on religion
B)requires religious organizations to comply with all other antidiscrimination laws except for those regarding religion
C)allows religious organizations to favor persons of the same faith for positions that have clear spiritual functions
D)allows religious organizations to favor persons of the same faith for secular activities

Question 16

The Americans 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)applies to federal government contractors

Question 17

As the new Human Resources Manager for Artists' Tools main office, you are still getting to know your employees.  One in particular has come to your attention, because she always seems to be in a state of either euphoria or sleepiness. Co-workers report to you that they have found her in the ladies room sniffing a white powder, and you conclude that she is probably using cocaine. After considering the matter, you decide that your best course of action would be:

A)to confront the employee privately about this behavior, and unless she can explain it and produce a prescription, fire her for illegal drug use
B)to confer with the employee, since she probably has a drug addiction, which is a disability under the Americans with Disabilities Act; you must decide whether you can make a reasonable accommodation
C)to refer the employee to a drug rehab center for her drug addiction;

Question 18

The specific actions that constitute "reasonable accommodations" for disability are set forth in the Americans with Disabilities Act.

Question 19

The basic criteria for identifying the essential functions of a position are all of these EXCEPT:

A)the position exists to perform this function
B)no other employees are available to perform this function
C)the function is highly specialized

Question 20

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 requirement
C)relaxing a performance standard
D)transferring essential job functions to others

Question 21

The ADA creates a protected class called "qualified individuals with disabilities".  Discuss what this phrase means and how one qualifies for protection. ​

Question 22

Why is each of the following good legal advice?
a. Employers must reasonably accommodate qualified disabled persons unless doing so would impose undue hardship.
b. It is critical that employers engage in an interactive process with their disabled employees.
c. Accommodations cannot be dismissed as too costly without considering the availability of external funding and offering disabled employees the opportunity to pay for the portion of the cost that would create undue hardship.
d. Workplace policies should be made as flexible and religiously neutral as possible.
e. Employers should attempt to accommodate religious advocacy by providing forums for such communication that allow other employees to choose whether they wish to listen.

Question 23

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.

Question 24

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 25

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)both ​ the obligation to accommodate in the areas of disability and religion is unique to those areas of the employment relationship  and ​ the obligation to accommodate is voluntary, except for federal employers  only

Question 26

A clerical employee who has a special gift for languages is also disabled, and in a wheelchair. You have previously made his work area accessible, but he is now asking for a special accommodation - that you create a position for him in which he can use his language skills in translations, and not in clerical work. Which of the following statements is true?

A)The request is a reasonable one, and you should try to accommodate it
B)The request is not a reasonable one, so you don't have to accommodate it
C)There is no requirement under the ADA that an employer create a position for an employee who is disabled