Deck 14: Federal Laws: the Americans With Disabilities Act of 1990 and the Civil Rights Act of 1991

Question 1

A nurse manager is concerned that actions by a female nurse may constitute sexual harassment. What element should the manager consider?

A) The number of male employees working on the unit
B) The females nurse's age
C) Does the nurse mean to be offensive?
D) Would a reasonable person's work be affected by this behavior?

Answer 1

Would a reasonable person's work be affected by this behavior?

Question 2

An employee has requested special accommodations secondary to a disability. The hospital refuses, citing undue hardship. What must be present for that refusal to be upheld?

A) The accommodation would be very difficult to implement.
B) The accommodation would require physical changes to the work environment.
C) The accommodation would not be necessary if the employee changed positions.
D) The accommodation has never been made before this case.
E) The requested accommodation will require very expensive equipment and renovation.

Answer 2

The accommodation would be very difficult to implement.
The requested accommodation will require very expensive equipment and renovation.

Question 3

A nurse who has an obvious physical disability applies for a staff nurse position. Which , asked by the nurse recruiter, is legal?

A) "How long have you been disabled?"
B) "Are you able to fulfill the requirements of this job?"
C) "How does your disability affect your life?"
D) "Has your condition stabilized, or do you foresee it getting worse with time?"

Answer 3

"Are you able to fulfill the requirements of this job?"

Question 4

The nurse who has worked at a hospital for twenty five years suffers a disability secondary to a work-related accident and requests accommodation. The nurse is offered a position for which she is qualified, but in an area which she has no experience. Ethically, does the nurse's new position have to provide the same high salary as the old position?

A) No, the nurse's salary may be cut to the entry-level salary of the new position.
B) Yes, the new position must match or exceed the old position's salary.
C) No, but the nurse's seniority should be considered in salary negotiations.
D) Only if the nurse is equally as "productive" in the new position

Question 5

A job applicant with a disability has requested that the employer provide a reasonable accommodation. What does this request entail?

A) Employment opportunities not given to persons without disabilities
B) Workplace modifications to allow the applicant to be a successful employee
C) Selection of this applicant over other qualified applicants
D) Schedule modifications if acceptable to all involved.
E) Workplace modifications that are realistic

Question 6

The nurse applies to a faith-based hospital. Another applicant who is of the same faith supported by the hospital is hired instead. Is this seen as discrimination under ADA?

A) No, employers may offer preference to individuals of the same religion.
B) Yes, the hiring decision must be made solely on ability.
C) Only if both nurses have similar experience and skill sets
D) Only if other cases of preference by the facility can be demonstrated

Question 7

Which situation would the nurse manager evaluate as sexual favoritism or preferential treatment?

A) The female nurse agrees to meet a male nurse for coffee after work.
B) The promotion the nurse was seeking was given to the supervisor's girlfriend.
C) A nurse reports another nurse who makes a disparaging remark about a lesbian co-worker.
D) Co-workers offer support for a co-worker who decides to divulge his homosexuality to his family.

Question 8

Which employee would likely be unsuccessful in claiming job protection under the Americans with Disabilities act?

A) A person who has progressive hearing loss
B) A person who has just revealed he is homosexual
C) A person diagnosed with a gender identity disorder
D) A person who is a compulsive gambler
E) A person with a femur fracture who will require a wheelchair for three months.

Question 9

Which person best meets the criteria as a "member of a protected class" in a quid pro quo sexual harassment lawsuit?

A) A female nurse as compared to a male staff nurse
B) A male housekeeper as compared to a male laboratory technician
C) A female physician as compared to a male physician
D) A staff nurse as compared to his or her supervisor

Question 10

The nurse manager requests that a job applicant who has a physical disability receive a medical examination prior to assignment to a work station. Is this examination legal?

A) No, this requirement violates ADA.
B) Only if all other applicants for similar positions are subjected to the same examination
C) Only if the examination takes place before the job offer is extended
D) Only if the applicant agrees to have medical information released to those on the committee screening applicants.

Question 11

The aim of the Americans with Disabilities Act was to eliminate discrimination against individuals with disabilities. In order to achieve this goal, Congress combines disability with which other legal concept?

A) Autonomy
B) Right to work
C) Fairness
D) Equality

Question 12

Which scenarios meet the Civil Rights Act of 1991 definition of quid pro quo sexual harassment?

A) A supervisor offers to give a nurse a promotion if she will consent to going to dinner with him.
B) A nurse is fired after breaking off a romantic relationship with the unit nurse manager.
C) The nurse is offended by the jokes told during morning report.
D) The nurse no longer feels comfortable eating lunch in the break room because the other staff members in the room often discuss their sexual encounters.
E) A nurse becomes uncomfortable because one of the unit physicians often hugs or touches her.

Question 13

The nurse manager, making hiring decisions, would consider which applicants as protected from discrimination by the Americans with Disabilities Act and amendments?

A) A person required to wear a hand brace for 3 weeks
B) A person who takes medication for schizophrenia
C) A person who wears glasses
D) A person who used a wheelchair for 1 year as a child
E) A person who has cancer

Question 14

A nurse manager has been asked to present information about the Americans with Disabilities Act to newly employed nurses. What information about the evolution of this act should be included?

A) This act was written to protect a growing population of older Americans.
B) Increased numbers of children with disabilities resulting from advances in technologies to save premature infants made this legislation essential.
C) People living with HIV/AIDS began to identify loopholes in the existing state and federal non-discrimination laws.
D) There was a big increase in the number of soldiers returning from war with orthopedic injuries.

Question 15

Which scenario meets the Civil Rights Act of 1991 definition of hostile environment sexual harassment?

A) A nurse manager suggests that a nurse's performance evaluation be discussed over dinner and drinks.
B) The nurse continually finds cartoons of a sexual nature posted on the unit bulletin board.
C) The nurse has a continuing argument with a co-worker that makes the workplace uncomfortable.
D) A nurse working on the unit is homosexual.