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Disability Discrimination

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Question 1
Free
True/False

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

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True

False

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Question 2
Free
True/False

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

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True

False

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Question 3
Free
True/False

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.

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True

False

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Question 4
Free
True/False

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.

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True

False

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Question 5
Free
True/False

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

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True

False

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Question 6
True/False

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.

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True
False
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Question 7
True/False

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

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True
False
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Question 8
Multiple Choice

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?

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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.
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Question 9
Multiple Choice

Section 503 of the Vocational Rehabilitation Act requires:

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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.
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Question 10
Multiple Choice

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?

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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.
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Question 11
Multiple Choice

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?

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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.
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Question 12
Multiple Choice

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

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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.
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Question 13
Multiple Choice

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?

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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.
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Question 14
Multiple Choice

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

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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.
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Question 15
Multiple Choice

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?

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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.
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Question 16
Multiple Choice

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

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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.
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Question 17
Multiple Choice

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

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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.
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Question 18
Multiple Choice

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?

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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.
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Question 19
Multiple Choice

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?

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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.
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Question 20
Multiple Choice

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

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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.
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