Deck 10: Reasonably Accommodating Disability and Religion

Question 1

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

Answer 1

A

Question 2

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

Answer 2

A

Question 3

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

A)the position exists to perform this function
B)no other employees are available to perform this function
C)the function is highly specialized
D)all of these are correct
E)all but b are correct

Answer 3

E

Question 4

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
D)None of these is correct

Question 5

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 6

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 7

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 8

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 9

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

Question 10

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;
D)none of the above

Question 11

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 12

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 13

1. Why is each of the following good legal advice?
Employers must reasonably accommodate qualified disabled persons unless doing so would impose undue hardship.

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

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

Question 16

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 17

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

A)people who are not disabled, but are erroneously regarded as being disabled are not 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 are not entitled to a reasonable accommodation because they have no disability

Question 18

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 19

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)all of the above
E)none of the above

Question 20

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 21

1. Why is each of the following good legal advice?
It is critical that employers engage in an interactive process with their disabled employees.

Question 22

1. Why is each of the following good legal advice?
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

1. Why is each of the following good legal advice?
Workplace policies should be made as flexible and religiously neutral as possible.

Question 24

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

Question 25

1. Why is each of the following good legal advice?
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.