Deck 10: Discrimination Based on Disability

Question 1

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

A) Third amendment
B) Fourth amendment
C) Equal Protection Act
D) Sixth amendment

Answer 1

B

Question 2

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:

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

Answer 2

D

Question 3

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:

A) a violation of the ADA.
B) a discriminatory action.
C) not a violation of the ADA.
D) a violation of the NLRA.

Answer 3

C

Question 4

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

A) essential function.
B) avoidable risk.
C) direct threat.
D) undue hardship.

Question 5

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.

A) rehabilitation
B) reasonable accommodation
C) disability exception provision
D) improvisations

Question 6

Which of the following conditions are included in the definition of disability under the Americans with Disabilities Act (ADA)?

A) Employees who use illegal drugs
B) Infectious or contagious diseases
C) Temporary or short-term nonchronic conditions
D) Alcoholics who use alcohol

Question 7

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

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

Question 8

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

A) American Medical Association
B) Public Health Service
C) U.S. Food and Drug Administration
D) Secretary of Health and Human Services

Question 9

In Chalfant v. Titan Distribution, Inc., Chalfant sued Titan for disability discrimination under the ___________________ and was awarded ________________.

A) National Labor Relation Act, $100, 000 in front pay
B) Americans with Disability Act, $60,000 in front pay
C) Americans with Disability Act, $60,000 in back pay
D) National Labor Relation Act, $100, 000 in front pay

Question 10

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?

A) Cleveland v. Policy Management Systems
B) Board of Trustees of the University of Alabama v. Garrett
C) Albertsons, Inc. v. Kirkingburg
D) Sutton v. United Air Lines, Inc

Question 11

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).

A) Southeastern Community College v. Davis
B) Albertsons, Inc. v. Kirkingburg
C) Toyota Motor Manufacturing, Kentucky, Inc. v.Williams
D) Cleveland v. Policy Management Systems

Question 12

In Humphrey v. Memorial Hospitals Association, Carolyn Humphrey worked for Memorial Hospitals Association (MHA) as a medical transcriptionist. Humphrey was fired on October 10, 1995 because of her history of:

A) stress and anxiety.
B) tardiness and absenteeism.
C) reduced sales and profitability.
D) surgery and heart disease.

Question 13

Discrimination on the basis of disability against otherwise qualified individuals with a disability by persons or entities operating or administering any federally funded programs is prohibited under the:

A) Civil Rights Act, section 501.
B) Americans With Disabilities Act, section 503.
C) Rehabilitation Act, section 504.
D) Title VII, section 505.

Question 14

The Americans with Disabilities Act (ADA) applies to all of the following individuals or groups except: a. House of Representatives.
B) U.S. employers operating abroad or controlling foreign corporations.
C) Federal government employers.
D) private and public sector employers with fifteen or more employees.

Question 15

Drug testing by employers is not generally prohibited by any:

A) federal legislation.
B) states legislation.
C) state statutes.
D) private companies.

Question 16

In Smith v. Blue Cross/Blue Shield of Kansas, Inc., an accommodation that would eliminate an essential function of the employee's job is not reasonable, and an employer is not required to wait indefinitely for:

A) an employee to return to work.
B) the government to take action.
C) insurance to be paid.
D) an employee to take medical test.

Question 17

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

A) states executive.
B) private agencies.
C) companies.
D) federal executives.

Question 18

In Board of Trustees of the University of Alabama v. Garrett, the U.S. Supreme Court, in a 5-4 decision, ruled that the Eleventh Amendment to the U.S. Constitution gave the states immunity from individual suits for damages under the:

A) Occupational Safety and Health Act.
B) National Labor Relation Act.
C) U. S. Constitution.
D) Americans with Disabilities Act.

Question 19

The provisions of the __________________ prohibit discrimination against otherwise qualified individuals with a disability.

A) Civil Rights Act of 1984
B) Fair Labors Standards Act
C) Rehabilitation Act of 1973
D) Executive Order 11246

Question 20

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.

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

Question 21

A gymnasium was operated by the Church of Jesus Christ of Latter-day Saints. Aslam was physically challenged, but was able to undertake the job requirements. However, when he applied for the job, he was refused for the position. He filed a suit against the Church alleging violation of ADA by denying him the job. In this case, the church:

A) violated Occupational Safety and Health Act.
B) violated Title VII of Civil Right Act.
C) did not violate Title I of ADA.
D) violated U. S. Constitution.

Question 22

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:

A) is not disabled under the ADA.
B) did not suffer from the contagious disease.
C) never requested an accommodation.
D) declined the offer to take reasonable accommodation.

Question 23

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:

A) the individual has any type of sexually transmitted illness.
B) that individual's condition poses a direct threat to the health of other workers.
C) the individual has tested positive for AIDS or any such communicable disease.
D) it can be established that Richard's illness would cause discomfort among the other employees.

Question 24

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?

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 25

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:

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

Question 26

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

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 27

What is the American with Disabilities Act?

Question 28

Duke was an employee at General Vehicles Company. He had a problem with alcohol and often remained absent from work. The company decided to terminate him from employment after confirming their suspicions, but without providing a warning or any suggestion to undergo rehabilitation. In this case, the company violated ADA and Rehabilitation Act, which failed to:

A) a proper medical test.
B) make reasonable accommodation.
C) establish the connection between alcoholism and productivity.
D) make any further investigation.

Question 29

In National Treasury Employees Union v. Von Raab, the Supreme Court upheld rules of the_______________.

A) U. S. Customs Service
B) U. S. Prevention of Drug Act
C) National Labor Relation Board
D) Occupational Safety and Health Act

Question 30

Wills appeared for a written examination for a job in the Department of Health in Federal Government. He was selected for the particular job, but the head of the department disqualified him on the ground of disability. In this case, 501 of the Rehabilitation Act, prohibits discrimination on the basis of disability by the:

A) jury.
B) state executive.
C) federal executive.
D) state legislature.

Question 31

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:

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 32

Does the ADA consider drug tests to be medical tests?

Question 33

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:

A) ADA does not consider drug test to be a medical test.
B) the factory practices violated Americans with Disabilities Act.
C) under the ADA a drug test may be considered to be a medical test.
D) the factory owner can conduct the test despite Smith's disapproval.

Question 34

How is "disability" defined under the ADA?

Question 35

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:

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

Question 36

Define "undue hardship".

Question 37

What is the consequence for failure to make reasonable accommodation?

Question 38

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:

A) violated ADA.
B) food handler defense.
C) job-related criteria defense.
D) violated NLRA.

Question 39

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:

A) violated the Occupational Safety and Health Act.
B) violated the National Labor Relation Board.
C) violated the Americans with Disabilities Act.
D) discriminated on the basis of gender.

Question 40

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:

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

Question 41

What is the procedure to claim remedies under the ADA?

Question 42

Explain the term "qualified individual with a disability."

Question 43

What does Section 501 of the Rehabilitation Act deal with?

Question 44

How do state laws handle discrimination with respect to disabilities?

Question 45

Explain the provisions of the ADA.

Question 46

What are the defenses available under the ADA?

Question 47

Explain the food handler defense under the ADA.

Question 48

What is the Rehabilitation Act? Explain it provisions.

Question 49

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

Question 50

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