Deck 13: Disability Discrimination

Question 1

Gina was severely burned in a house fire when she was a child.She has extensive disfiguring burn scars on her face and neck.She applied for the position of a cashier at Food End and was not hired,despite her qualifications,because the employer feared that customers would be repulsed by Gina's scars.Which of the following would be the most likely outcome if Gina files a discrimination claim under the Americans with Disabilities Act?

A) Food End will be liable under the Americans with Disabilities Act (ADA) because of its perception that Gina was disabled even though she was perfectly capable of performing the job.
B) Food End will not be liable under the Americans with Disabilities Act because refusing to hire someone based on their appearance does not violate the act.
C) Food End will be liable under the Americans with Disabilities Act only if Gina can show that the employer does not have to provide any reasonable accommodations if she is hired as a cashier.
D) Food End will not be liable because the Americans with Disabilities Act does not apply to private employers.

Answer 1

A
Explanation:Food End is liable under the Americans with Disabilities Act (ADA) because of its perception that Gina's facial scars constitute an impairment that substantially limits a major life activity. Someone who is not disabled can still be covered under the ADA as long as she or he is perceived by the employer as being disabled.

Question 2

An injury at work automatically leads to workers' compensation liability.

Answer 2

False
Explanation:An injury at work does not necessarily lead to workers' compensation liability, just as workers' compensation liability does not instantaneously result in an employer's obligation under the ADA. The purposes of the two statutes are distinct, as well. Workers' compensation is a statutory scheme to provide no-fault insurance for lost wages and medical expenses resulting from work-related injuries. The ADA is a federal antidiscrimination statute designed to protect individual rights to equal employment opportunity.

Question 3

In order to assert a disability harassment claim under the Rehabilitation Act,a plaintiff must show that an employer was the recipient of federal funds.

Answer 3

True
Explanation:In order to assert a harassment claim under the Rehabilitation Act, a plaintiff must show that an employer was the recipient of federal funds. On the other hand, under the Americans with Disabilities Act (ADA), a plaintiff must establish that he or she is a qualified individual with a disability protected by the ADA to successfully assert a harassment claim.

Question 4

Sara works as a stock clerk at Danny's Department Store.She has been shortlisted to be promoted as a merchandise manager.During her promotion interview,she reveals to the interviewer that at some point in the next 10 months,she will need to undergo surgery to remove a tumor from her vertebrae and that even if the surgery is successful,her movement after the surgery could be severely limited.In her new job,however,Sara will have to frequently travel between the warehouse and the store and move around the store to ensure that the merchandise is displayed and placed properly.Which of the following holds true in this case?

A) Danny's Department Store may decline to promote Sara if it is reasonably certain that in the near future she will be unqualified to work as a merchandise manager.
B) Danny's Department Store may be required to promote Sara, even though she may be rendered unqualified in the near future, only if she agrees to defray the cost of any accommodation that may be necessary.
C) Even though it appears that the surgery may result in Sara being not otherwise qualified for the new job, Danny's Department Store may not decline to promote her to the new job if she is qualified at the time of the interview.
D) The possibility of future disability is, under the Americans with Disabilities Act, equal to a present disability, regardless of the probability of a disability materializing.

Question 5

In a disability discrimination case,an employer can use the bona fide occupational qualification (BFOQ)defense.

Question 6

Normal circumstances of pregnancy are not considered disabilities under the Americans with Disabilities Act (ADA).

Question 7

Research has shown that the performance of a disabled worker,when properly placed,is always lower than that of an able-bodied worker.

Question 8

Current illicit drug users are protected by the Americans with Disabilities Act (ADA).

Question 9

The Equal Employment Opportunity Commission (EEOC)views attendance as an essential function of a job.

Question 10

When determining the essential functions of a job,an employer must look to the function desired to be accomplished and not to the means of performing that function.

Question 11

Disability is determined on the basis of the effect the impairment has on the disabled person's life.

Question 12

A person who is substantially limited in performing the unique aspects of a single,specific job will be deemed substantially limited in the major life activity of working.

Question 13

The requirement of reasonable accommodation for a disabled employee means that an employer must create a new job,modify a full-time position to create a part-time position,or modify the essential functions of the job.

Question 14

Anders is a customer service representative at FlyOurWay Airlines.He confided in one of his co-workers that he tested positive for HIV,but the co-worker spread the news around the office.Soon,several of Anders's co-workers ostracized him and refused to work with him.He was also constantly subjected to verbal abuse by his co-workers.Anders reported these incidents to his supervisor,and his supervisor fired him.Which of the following holds true in this case?

A) Anders has a discrimination claim based on hostile work environment under the Americans with Disabilities Act because FlyOurWay took an adverse employment action by firing him.
B) Anders does not have a discrimination claim based on hostile work environment under the Americans with Disabilities Act because his disability is not outwardly evident.
C) Anders has a claim for hostile work environment harassment under the Americans with Disabilities Act because he did not request any accommodations from his employer.
D) Anders does not have a claim for hostile work environment harassment under the Americans with Disabilities Act because the act does not cover employees working for private employers.

Question 15

Section 503 of the Vocational Rehabilitation Act requires:

A) all employers to provide any possible accommodation requested by employees with disabilities.
B) federal employers to create a new job, modify a full-time position to create a part-time position, or modify the essential functions of the job to accommodate a disabled employee.
C) all employers to provide an employee with a disability more rights to his or her job than those provided to nondisabled applicants.
D) federal contractors with contracts that exceed $10,000 annually to take affirmative action to employ and promote qualified disabled individuals.

Question 16

Under the Americans with Disabilities Act (ADA),an individual is disabled:

A) if he or she has a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
B) only if he or she has a physical impairment that limits activities such as walking or standing.
C) if he or she has an impairment resulting from advanced age or exhibits personality traits such as a quick temper.
D) only if he or she has been completely bedridden for three or more years.

Question 17

Caleb applies for a position as a fundraiser in the Alumni Relations Department of Marlette College.During the interview,he mentions to Rose,the director of the Alumni Relations Department,that his wife has just been diagnosed with leukemia.In spite of Caleb having eight years of fundraising experience,he is denied the job.Which of the following holds true in this case?

A) Caleb has an associational discrimination claim under the Americans with Disabilities Act because disabled employees or applicants associated with disabled individuals have more rights to a job than do nondisabled applicants.
B) Caleb does not have an associational discrimination claim as he is not the one with a disability.
C) Caleb does not have an associational discrimination claim as he is not yet an employee of Marlette College.
D) Caleb has an associational discrimination claim under the Americans with Disabilities Act if he can prove that the employer assumed his performance would be impaired because of his association with a disabled person.

Question 18

Adam has a mild intellectual disability and a mild form of attention deficit hyperactivity disorder (ADHD).Though other tasks seem difficult to perform,gardening helps Adam relax and focus,so he trained to be a professional gardener during his college days.He applies for a position as a gardener at the Silver Cloud Hotel.He tells the interviewer that despite his impairment,he has been able to work as a gardener in private gardens and estates,and they never have had any issues with his work.However,the interviewer does not hire him,fearing that his disability might affect others' work.Which of the following holds true in this scenario?

A) Adam has a valid discrimination claim because even mild impairments can substantially restrict a major life activity and may constitute a disability under the Americans with Disabilities Act.
B) Adam will have a valid discrimination claim under the Americans with Disabilities Act only if he can show that his impairment is substantially limiting by proving that he has been suffering from it for more than six months.
C) Adam does not have a discrimination claim because mental impairments are not covered under the Americans with Disabilities Act.
D) Adam does not have a discrimination claim because only severe impairments are covered under the Americans with Disabilities Act.

Question 19

If an employee believes that she or he is the subject of discrimination on the basis of disability,the typical first step is to directly file a complaint with the Equal Employment Opportunity Commission (EEOC).

Question 20

If the disability claimed by an employee is based on a disease,the court will determine whether the employee is otherwise qualified by:

A) assessing the level of risk the employee poses to himself/herself or to others.
B) determining whether the disease has a cure or not.
C) comparing the employee's ability to perform the essential functions of the job with other disabled applicants.
D) ascertaining whether the disease is psychological or physiological.

Question 21

In Huber v.Wal-Mart Stores,Inc.,the U.S.Court of Appeals for the Eighth Circuit stated that it would follow the:

A) Equal Employment Opportunity Commission enforcement guidance that a disabled employee who can no longer perform the essential functions of his or her position should be reassigned to a vacant position for which he or she is minimally qualified.
B) Equal Employment Opportunity Commission enforcement guidance that employers are required to provide any possible accommodation requested by employees with disabilities to ensure that they become qualified for a job.
C) Seventh Circuit's approach that reassignment under the Americans with Disabilities Act does not require an employer to reassign a qualified disabled employee to a job for which there is a more qualified applicant, if the employer has a policy to hire the most qualified applicant.
D) Tenth Circuit's approach that reassignment under the Americans with Disabilities Act results in automatically awarding a position to a disabled employee regardless of whether other better-qualified applicants are available and despite an employer's policy to hire the best applicant.

Question 22

The Americans with Disabilities Act (ADA)applies:

A) only to private employers.
B) solely to government employers.
C) to private employers with 15 or more employees.
D) to corporations with 4-14 employees.

Question 23

Tara and Nathan are two applicants for a job at Soul Tree Systems Inc.Nathan is disabled and requires the use of a wheelchair,and Tara has no disability.Both are equally qualified for the job.However,Soul Tree Systems chooses Tara over Nathan solely because of the need to modify the workspace if Nathan is employed.Which of the following holds true in this scenario?

A) Soul Tree Systems will not be liable because Tara, being a woman, belongs to a protected class as well.
B) Soul Tree Systems will be liable because employers are required to provide any possible accommodations requested by employees with disabilities, regardless of whether they cause the employer undue hardship.
C) Soul Tree Systems will be liable because it is unlawful to discriminate against a disabled employee just to avoid the obligation to provide a reasonable accommodation.
D) Soul Tree Systems will not be liable because both the applicants are equally qualified; however, it would be liable only if Nathan were more qualified than Tara.

Question 24

An accommodation under the Americans with Disabilities Act (ADA)is reasonable if it:

A) creates a new job specifically for a disabled employee.
B) does not require a disabled employee to follow the employer's other workplace rules and policies.
C) modifies the essential functions of a job to accommodate a disabled individual.
D) does not cause an undue burden on the employer.

Question 25

The term essential functions of a job,as used in the Americans with Disabilities Act (ADA),best refers to:

A) tasks so designated by an employer as ancillary to the achievement of the job's long-term goals.
B) tasks so designated by the Equal Employment Opportunity Commission (EEOC).
C) those tasks that are required to be performed in case of any emergencies.
D) those tasks that are fundamental, and not marginal or unnecessary, to fulfillment of the job's objectives.

Question 26

Marla is a kindergarten assistant at Woodbridge Elementary School.Since Marla suffers from obesity,she is not able to use the chairs provided for teachers in the kindergarten rooms.Marla requests a different chair,but her employer refuses.Marla is protected under the Americans with Disabilities Act (ADA)only if:

A) her obesity is transitory.
B) her obesity is due to a physiological condition.
C) her type of obesity is not widely prevalent.
D) her type of obesity is temporary.

Question 27

Hugo,a sales representative at ChillOut Inc.,a company that supplies frozen foods to supermarkets,is required to travel to the stores to meet their managers and view their inventory.After a recent road accident,Hugo's left hand became severely impaired and only his right hand is functional.Hugo requests that the company install a one-hand driving system,costing $35,000 to $45,000,in one of its minivans so that he can drive it.Based on the size and financial position of the company,this cost is more than it can afford.ChillOut should convey to Hugo that:

A) it cannot make the requested reasonable accommodation due to undue hardship and he should find another job.
B) it cannot make the requested accommodation due to undue hardship but ask him whether he is willing to pay a portion of the cost that will be incurred in making the accommodation.
C) it will make all the necessary accommodations as the law requires employers to provide any possible accommodations requested by employees with disabilities.
D) it will make all the necessary accommodations by either creating a new job, creating a part-time position, or modifying the essential functions of the job as mandated under the Americans with Disabilities Act.

Question 28

In order to establish that a requested accommodation constitutes an undue hardship on an employer under the Americans with Disabilities Act (ADA),it must be shown that the accommodation will:

A) result in discrimination against nondisabled employees.
B) require the employer to incur a little more than a de minimis cost.
C) impose a significant obligation on the part of the employer.
D) result in unnecessary benefits to nondisabled employees as well.

Question 29

Margalit,who works as a waitress at John & Bessie's Pancake House,is seven months pregnant.She is one of 37 employees at the restaurant.Recently,her doctor informed her that she will have a high-risk pregnancy and,therefore,prescribed bed rest.Margalit,unable to work for the next few months,asks her employer for time off from work.Margalit is:

A) entitled to 12 weeks of unpaid job-protected leave under the Family and Medical Leave Act.
B) entitled to 15 weeks of paid leave under the Family and Medical Leave Act.
C) entitled to a pay raise to support her medical condition under the Americans with Disabilities Act.
D) entitled to a new position exclusively created for her as a reasonable accommodation under the Americans with Disabilities Act.

Question 30

Helen,a trained medical secretary at Orchid Hospital,suffers from a condition that causes her to have periodic severe headaches that could last anywhere between a couple of hours to a few days.There is no cure for the condition,and her pain is managed with medication that makes her drowsy.Normally,without a headache,Helen is active and productive.Her request to work on a flextime basis is denied by the hospital because it would be impossible to prepare a schedule for her department without being sure whether she will be able to work or not.Which of the following holds true in this case?

A) Orchid Hospital is liable under the Americans with Disabilities Act (ADA) for refusing to reasonably accommodate Helen's disability.
B) Orchid Hospital is not liable under the Americans with Disabilities Act because Helen's erratic, unexplained absences are not reasonable even if they are due to a disability.
C) Orchid Hospital is liable under the Americans with Disabilities Act because it failed to collect adequate information about Helen's health condition before hiring her.
D) Orchid Hospital is not liable under the Americans with Disabilities Act because the act does not extend to private employers.

Question 31

With regard to workplace accidents or injury,the failure to meet the appropriate standard of care for avoiding unreasonable risk of harm to others is known as _____.

A) negligence
B) nuisance
C) assault
D) battery

Question 32

In a disparate treatment case involving a disabled employee,one of the employer's defenses is to establish that the employment action was taken as a result of the employee's:

A) poor performance.
B) physical disability.
C) reluctance to request accommodation.
D) perceived disability.

Question 33

An employer can use the direct-threat defense in the case of an employee with a disease only if:

A) the defense is based on a reasonable medical judgment.
B) the defense is based on an assumption that the employer will incur increased costs due to the disabled employee.
C) it can be shown that other employees do not want to work with disabled individuals.
D) it can be shown that the employer will have to provide reasonable accommodations for the employee.

Question 34

Under the Americans with Disabilities Act (ADA),employers are permitted to:

A) accommodate disabled employees by eliminating an essential function of a job or lowering a production standard that applies to all employees if they want to.
B) provide employees with disabilities more rights to their jobs than those provided to nondisabled employees.
C) impose standards or criteria that discriminate against or screen out employees or applicants on the basis of their disability.
D) make presumptions about what a class of disabled individuals may or may not be able to do.

Question 35

Louise experiences extensive verbal abuse and teasing at work because she stutters.Louise wants to file a complaint of workplace harassment under the Americans with Disabilities Act (ADA).Which of the following holds true in this case?

A) Louise cannot bring a claim of workplace harassment under the ADA because her problem at work is not related to her ability to perform the essential functions of her job.
B) Louise can bring a claim for workplace harassment under the ADA if she can show that her speech impediment and stuttering affect a major life activity or if she is regarded as disabled.
C) Louise cannot bring a claim of workplace harassment under the ADA because some people have been able to use corrective measures to deal with their stuttering.
D) Louise can bring a claim for workplace harassment under the ADA if she can show that her employer failed to create a new job, create a part-time position, or modify the essential functions of the job to accommodate her disability.

Question 36

Rosa,who works as a staff manager at Dundy's Inn,has a minor blood clot in her brain and thus goes on an extended 14 weeks of leave for her surgery.However,she is not able to completely recover within 14 weeks and asks Dundy for an additional two-week leave to recuperate.Dundy informs her that her position might no longer be available when she returns from her extended leave,and Rosa agrees.Which of the following holds true in this case?

A) Dundy is obligated under the Americans with Disabilities Act to find a vacant position for Rosa at an equivalent level or, if not available, at a lower level when she returns.
B) Dundy has no obligations under the Americans with Disabilities Act as it has already provided 14 weeks of leave to accommodate Rosa's disability.
C) Rosa is entitled under the Americans with Disabilities Act to return to the same or equivalent position as that which she left when taking the leave but at a lower salary.
D) Rosa needs to be terminated from her job because she took more leave than what is allowed under the Americans with Disabilities Act.

Question 37

Once an employee puts forth a prima facie case of disability discrimination,the burden shifts to:

A) the Equal Employment Opportunity Commission (EEOC) to prove the disability exists.
B) the employee to prove no accommodations were made.
C) the employer to establish a legitimate non-discriminatory reason (LNDR) for the employment action.
D) the courts to find a legitimate non-discriminatory reason (LNDR) for the employment action.

Question 38

Under the Americans with Disabilities Act,which of the following is a reasonable accommodation that an employer is required to provide to a disabled employee?

A) Moving the disabled employee's workstation closer to equipment, materials, and rooms that he or she frequently uses
B) Reducing the workload of the disabled employee and assigning it to a nondisabled employee
C) Providing the disabled employee with more rights to his or her job than those provided to nondisabled employees
D) Creating a whole new position that fits the abilities of the disabled employee

Question 39

Which of the following acts prohibits health insurers and employers from discriminating against people for flaws or disease risks revealed by genetic testing?

A) The Genomics and Personalized Medicine Act
B) The Genetic Information Nondiscrimination Act
C) The Tax Relief and Health Care Act
D) The Stem Cell Research Enhancement Act

Question 40

Ben,a critical care nurse at a private hospital,tests positive for HIV during one of the routine health checkups conducted for all hospital employees.Whenever an employee whose job requires him or her to have direct contact with patients tests positive for a blood-borne disease,the hospital shifts him or her to a desk job with no change in his salary.Ben refuses this arrangement.He requests that the hospital hire a part-time nurse to follow him on his shift and to keep a check on him.The hospital denies his request and fires Ben because of his unwillingness to move to the desk job.Which of the following holds true in this case?

A) Ben's request can be lawfully denied as it represents an undue hardship on the hospital.
B) The hospital has a duty under the Americans with Disabilities Act to provide all of the accommodations Ben requests.
C) The hospital needs to consider Ben's request as creating a new job is not an effective way to accommodate a disabled employee.
D) Ben's request need not be heeded as HIV/AIDS is not a covered disability under the Americans with Disabilities Act.

Question 41

List the elements that must be demonstrated by a disabled employee to establish a retaliation claim? Are compensatory damages allowed in a retaliation suit under the Americans with Disabilities Act (ADA)?

Question 42

What factors must be considered in determining whether an individual with a communicable disease that is a disability is otherwise qualified for the job? Does the employer still have a defense in case he or she terminates an employee based on such a disability?

Question 43

Luke works as a machine operator at Kay & Bay Industries.One day,while getting a machine started,Luke slips and falls from a ladder and breaks his elbow.Which of the following holds true in this case?

A) Luke will not be covered under workers' compensation because such injuries and accidents are expected in his job.
B) Luke will not be covered under workers' compensation because he is not a white-collar employee.
C) Luke will be covered under workers' compensation if he is able to prove that his injury was due to a disability that he may have.
D) Luke will be covered under workers' compensation if he is able to prove that his injury arose out of or in the course of his employment.

Question 44

TrentCo accidentally discovered that one of its employees,Sara,is an alcoholic.Her manager realized that Sara's alcoholism must be the reason for her absenteeism.To help Sara overcome her alcoholism,the employer provided her with counseling services and also asked her to make a firm choice between treatment and discipline.TrentCo also offered outpatient treatment,and Sara participated in the program without success.When all of these efforts failed,TrentCo offered to provide inpatient treatment,and Sara refused.TrentCo fired Sara.According to the courts:

A) Sara has a valid claim under the Americans with Disabilities Act because she willingly participated in the outpatient treatment, even though it did not produce positive results.
B) Sara does not have a claim under the Americans with Disabilities Act because the act does not consider alcoholism to be a disability.
C) TrentCo is liable under the Americans with Disabilities Act because it failed to offer Sara time off from work after she refused to be admitted to an inpatient care facility.
D) TrentCo is not liable under the Americans with Disabilities Act because it offered a reasonable accommodation, and Sara refused.

Question 45

Describe the regulations under which disabled employees can seek protection against discrimination at work.

Question 46

Which of the following accurately describes the difference between the Family and Medical Leave Act (FMLA)and the Americans with Disabilities Act (ADA)?

A) The ADA covers private employers with 50 or more employees, whereas the FMLA applies to private employers of 15 or more employees.
B) The FMLA provides for up to 12 weeks of leave per year for covered conditions, whereas the ADA does not identify a specific duration for leaves due to disabilities.
C) Under the ADA, pregnant women qualify for leave, but normal circumstances of pregnancy are not considered disabilities under the FMLA.
D) Under the ADA, an employee is entitled to return to the same or equivalent position as that which she or he left when taking the leave, but under the FMLA, an employer is not required to make any such accommodations.

Question 47

Which of the following statements is true of drug use and abuse under the Americans with Disabilities Act (ADA)?

A) Current drug users are protected by the act.
B) Individuals who either are participating in or have completed a drug rehabilitation program are protected by the ADA.
C) Former illicit drug users are not covered under the act.
D) Individuals who previously completed a drug rehabilitation program are not protected under the act.

Question 48

With respect to a given disability,does the duty of reasonable accommodation require the same level of accommodation from every employer? Elaborate.

Question 49

Describe the interactive process that should occur when there is a possible need for reasonable accommodation.Include the respective responsibilities of an employer and an employee.