Question 1

How is "disability" defined under the ADA?

Accepted Answer

The answer of How is "disability" defined under the ADA?...

Question 2

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

Accepted Answer

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 3

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

Accepted Answer

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Question 4

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:

Accepted Answer

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 5

The court case Whitmire v. Wal-Mart Stores dealt with discrimination under:

Accepted Answer

A) the Civil Rights Act of 1984. 
B) the Fair Labors Standards Act. 
C) the Arizona Medical Marijuana Act. 
D) Executive Order 11246.

Question 6

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

Accepted Answer

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 back pay

Question 7

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

Accepted Answer

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

Question 8

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:

Accepted Answer

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

Question 9

The Americans with Disabilities Act (ADA)protects employees who use illegal drugs and alcoholics who are under the influence of alcohol at the workplace.

Accepted Answer

A) True 
 B)False

Question 10

Title I of the Americans with Disabilities Act (ADA)prohibits discrimination against individuals who are qualified for employment.

Accepted Answer

A) True 
 B)False

Question 11

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:

Accepted Answer

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 12

Define "u ndue hardship".

Accepted Answer

The answer of Define "u ndue hardship"....

Question 13

What is the consequence for failure to make reasonable accommodation?

Accepted Answer

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Question 14

Under the Americans with Disabilities Act (ADA), an employer is required to make accommodation for an individual even if the accommodation would impose undue hardship on the operation of the business of the covered entity.

Accepted Answer

A) True 
 B)False

Question 15

In Harris v. Union Pacific Railroad Company , the plaintiffs asserted three class claims under the:

Accepted Answer

A) Americans with Disabilities Act. 
B) Rehabilitation Act. 
C) Civil Rights Restoration Act. 
D) None of these answers.

Question 16

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).

Accepted Answer

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 17

The court case Doe v. Massachusetts Department of Correction dealt with:

Accepted Answer

A) transgender protections under the ADEA. 
B) tardiness and absenteeism under the ADEA. 
C) drug testing rules under the ADEA. 
D) All of these answers.

Question 18

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

Accepted Answer

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

Question 19

Explain the food handler defense under the ADA.

Accepted Answer

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Question 20

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?

Accepted Answer

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.

Exam 10: Discrimination Based on Disability

How is "disability" defined under the ADA?

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

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

The court case Whitmire v. Wal-Mart Stores dealt with discrimination under:

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

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

The Americans with Disabilities Act (ADA)protects employees who use illegal drugs and alcoholics who are under the influence of alcohol at the workplace.

Title I of the Americans with Disabilities Act (ADA)prohibits discrimination against individuals who are qualified for employment.

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:

Define "u ndue hardship".

What is the consequence for failure to make reasonable accommodation?

Under the Americans with Disabilities Act (ADA), an employer is required to make accommodation for an individual even if the accommodation would impose undue hardship on the operation of the business of the covered entity.

In Harris v. Union Pacific Railroad Company , the plaintiffs asserted three class claims under the:

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) .

The court case Doe v. Massachusetts Department of Correction dealt with:

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

Explain the food handler defense under the ADA.

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?