Question 1

Some BFOQs permit employers to use age as a disqualifier in employment searches.

Accepted Answer

Bona Fide Occupational Qualifications (BFOQs) allow employers to consider age as a factor when age is reasonably necessary to the normal operation of the particular business or where the differentiation is based on reasonable factors other than age (RFOA). This is an exception to the general prohibition against age discrimination under laws such as the Age Discrimination in Employment Act (ADEA) in the United States.

Question 2

The ADAA of 2008 decreased the number and scope of major life activities from seventeen to nine.

Accepted Answer

The ADA Amendments Act (ADAA) of 2008 actually expanded the definition of disability, making it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA. It did not decrease the number and scope of major life activities; rather, it provided a non-exhaustive list of major life activities that include many beyond the original scope, emphasizing that this list is not limited to just the examples provided.

Question 3

Employers are permitted to conduct pre-employment drug screenings.

Accepted Answer

Employers can conduct pre-employment drug screenings as part of their hiring process, often to ensure workplace safety and compliance with company policies or legal requirements.

Question 4

Compared to the other protected classes, Title VII complaints based upon religious discrimination are quite common.

Accepted Answer

Religious discrimination complaints are relatively less common compared to other categories such as race, sex, and disability under Title VII of the Civil Rights Act of 1964.

Question 5

There are different degrees of disabilities.

Accepted Answer

Disabilities can vary greatly in severity and type, ranging from mild to profound, and can affect individuals physically, mentally, or both.

Question 6

Under the ADAA of 2008, mitigated conditions like epilepsy, diabetes, and high blood pressure would now constitute disabilities under the ADA.

Accepted Answer

The Americans with Disabilities Act Amendments Act (ADAAA) of 2008 made significant changes to the definition of disability, clarifying and broadening it to include conditions that are episodic or in remission, such as epilepsy, diabetes, and high blood pressure, as long as these conditions would substantially limit a major life activity when active.

Question 7

An employee who has had an amputated foot replaced with a prosthetic one, which permits her full mobility, is not covered by the ADA.

Accepted Answer

The Americans with Disabilities Act (ADA) covers individuals who have a physical or mental impairment that substantially limits one or more major life activities, have a history of such an impairment, or are perceived by others as having such an impairment. The use of a prosthetic limb does not exclude someone from ADA protection; it is the underlying impairment that qualifies them.

Question 8

Under the ADEA, jury trials may be requested only when a complaining party seeks compensatory or punitive damages.

Accepted Answer

The ADEA (Age Discrimination in Employment Act) allows for jury trials in cases seeking legal or equitable relief, not just compensatory or punitive damages.

Question 9

A religious accommodation becomes an undue hardship if it results in changing a bona fide seniority system at the organization in question.

Accepted Answer

Under U.S. law, specifically Title VII of the Civil Rights Act of 1964, an accommodation for an employee's religious practices is considered an undue hardship if it would require more than de minimis cost on the operation of the employer's business, which includes violating the seniority system of the organization.

Question 10

Religious organizations are permitted to make hiring and discharge decisions based on an applicant's or employee's religious affiliation as long as there is a connection between the religion and the job in question.

Accepted Answer

Under Title VII of the Civil Rights Act of 1964, religious organizations are granted an exemption that allows them to give employment preference to individuals of their own religion. This means they can make hiring and firing decisions based on religious affiliation when the job is connected to their religious activities.

Question 11

Most disclosures of employee medical records are likely to result in ADA violations.

Accepted Answer

The Americans with Disabilities Act (ADA) has strict rules about confidentiality and limits the circumstances under which an employer can disclose an employee's medical information, making most unauthorized disclosures likely to result in violations.

Question 12

If an organization in question is owned by a religious institution, it is automatically eligible for a religious exemption.

Accepted Answer

Ownership by a religious institution does not automatically grant an organization eligibility for a religious exemption. The organization must typically meet specific criteria set by the governing body or law, which may include the nature of its operations, its purpose, and how closely it adheres to the religious principles of the owning institution.

Question 13

The ADA protects both past and current substance abusers.

Accepted Answer

The Americans with Disabilities Act (ADA) protects individuals who are currently not engaging in the illegal use of drugs and those who have been rehabilitated, but it does not protect an individual who is currently engaging in the illegal use of drugs.

Question 14

Undue hardship is often determined on a case-by-case basis.

Accepted Answer

Undue hardship is determined on a case-by-case basis because it depends on various factors, including the nature and cost of the accommodation needed and the impact on the operations of the employer.

Question 15

The Age Discrimination in Employment Act is an amendment to the Civil Rights Act of 1964.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) of 1967 is a separate piece of legislation from the Civil Rights Act of 1964, specifically aimed at protecting individuals who are 40 years of age or older from employment discrimination based on age.

Question 16

Most employers do not choose to keep employee medical information files confidential.

Accepted Answer

Most employers are required by law, such as the Health Insurance Portability and Accountability Act (HIPAA) in the United States, to keep employee medical information confidential and separate from general personnel files.

Question 17

The same employers who are covered under Title VII of the Civil Rights Act of 1964 must also comply with Title I of the ADA.

Accepted Answer

Both Title VII of the Civil Rights Act of 1964 and Title I of the Americans with Disabilities Act (ADA) apply to employers with 15 or more employees, requiring these employers to comply with both sets of laws.

Question 18

The religious exemption clause (§ 702) under the Civil Rights Act of 1964 permits preferential treatment to bona fide religious organizations.

Accepted Answer

Section 702 of the Civil Rights Act of 1964 allows religious organizations to give employment preference to individuals of a particular religion to carry out their religious activities, effectively permitting what might otherwise be considered discriminatory practices based on religion.

Question 19

Section 702 exemption permits religious institutions to discriminate on the basis of race.

Accepted Answer

Section 702 of the Civil Rights Act of 1964 allows religious organizations to give employment preference to members of their own religion, but it does not permit discrimination on the basis of race.

Question 20

An employer can violate the ADA by assuming a nondisabled individual is disabled.

Accepted Answer

Under the Americans with Disabilities Act (ADA), an employer can violate the law by discriminating against an individual based on an assumption or perception that the individual has a disability, even if the individual does not actually have such a disability. This is known as "regarded as" discrimination.

Quiz 6: Discrimination Based on Religion, Age, and Disability