Question 1

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:

Accepted Answer

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

Question 2

Explain the food handler defense under the ADA.

Accepted Answer

An employer in the food service industry may refuse to assign or transfer to a job, involving food handling, any individual who has an infectious or communicable disease that can be transmitted to others through the handling of food, when the risk of infection cannot be eliminated by reasonable accommodation.

Question 3

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:

Accepted Answer

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. D

Question 4

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:

Accepted Answer

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

Question 5

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 6

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:

Accepted Answer

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 7

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

Accepted Answer

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

Question 8

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.

Accepted Answer

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

Question 9

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

Accepted Answer

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

Question 10

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:

Accepted Answer

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

Question 11

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

Question 12

The Americans with Disabilities Act (ADA) applies to all of the following individuals or groups except:

Accepted Answer

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 13

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.

Accepted Answer

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

Question 14

How do state laws handle discrimination with respect to disabilities?

Accepted Answer

The answer of How do state laws handle discrimination with...

Question 15

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:

Accepted Answer

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

Question 16

Explain the provisions of the ADA.

Accepted Answer

The answer of Explain the provisions of the ADA....

Question 17

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

Accepted Answer

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

Question 18

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:

Accepted Answer

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

Question 19

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:

Accepted Answer

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

Question 20

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

Exam 10: Discrimination Based on Disability