Question 1

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

Accepted Answer

The Fourth Amendment of the U.S. Constitution forbids unreasonable searches and seizures by the government. Some argue that drug testing without a reasonable suspicion violates this amendment, as it constitutes an invasive search.

Question 2

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

The Civil Rights Act of 1991 was amended by the Civil Rights Enhancement Act of 1993 to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the Americans with Disabilities Act (ADA) under 42 U.S.C. Section 1981A. The other options are not relevant to this amendment.

Question 3

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

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 not a violation of the ADA because working from home was not an essential function of the job and the employee had not provided sufficient evidence to show that it was a reasonable accommodation. Thus, choice C is the correct answer. The other choices are incorrect because the court did not find the employer's actions to be discriminatory or in violation of the NLRA.

Question 4

Significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation is known as:

Accepted Answer

The term "direct threat" refers to a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. This is a key concept in the Americans with Disabilities Act (ADA), which requires employers to make reasonable accommodations for employees with disabilities, but also recognizes that there may be limitations to what accommodations can be made in certain situations. It is important to note that this determination must be made on a case-by-case basis and based on objective evidence.

Question 5

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

Employers are required to make reasonable accommodations for employees with AIDS or related conditions, as long as the employees are capable of performing the essential functions of the job. This is mandated by the Americans with Disabilities Act (ADA).

Question 6

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

Accepted Answer

The answer of Which of the following conditions are included...

Question 7

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

Accepted Answer

An individual must first file an ADA complaint with a state or local agency, where appropriate, and then with the EEOC. The EEOC is the federal agency responsible for enforcing the employment-related provisions of the ADA. Filing a complaint with the EEOC is the next step after filing a complaint with a state or local agency. OSHA deals with workplace safety, the NLRB handles labor disputes and the U.S. Supreme Court is the highest court in the United States; none of these agencies have jurisdiction over the ADA.

Question 8

The _________________ was encouraged by the Americans with Disabilities Act (ADA) to develop a list of diseases that can be transmitted through food handling.

Accepted Answer

The answer of The _________________ was encouraged by the Americans...

Question 9

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

Accepted Answer

The answer of In Chalfant v. Titan Distribution, Inc., Chalfant...

Question 10

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

In Cleveland v. Policy Management Systems, 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). This decision clarified that the pursuit of Social Security disability benefits does not automatically disqualify someone from claiming they are able to perform a job under the ADA.

Question 11

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

Cleveland v. Policy Management Systems Corp. clarified that an individual applying for Social Security Disability Insurance (SSDI) can still be considered a "qualified individual with a disability" under the Americans with Disabilities Act (ADA), addressing how claims under the ADA and applications for SSDI benefits interact.

Question 12

In Humphrey v. Memorial Hospitals Association, Carolyn Humphrey worked for Memorial Hospitals Association (MHA) as a medical transcriptionist. Humphrey was fired on October 10, 1995 because of her history of:

Accepted Answer

According to the case, Humphrey was fired due to "tardiness and absenteeism."

Question 13

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

The Rehabilitation Act, section 504 prohibits discrimination on the basis of disability against qualified individuals with a disability by programs receiving federal funds.

Question 14

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

Accepted Answer

The answer of The Americans with Disabilities Act (ADA) applies...

Question 15

Drug testing by employers is not generally prohibited by any:

Accepted Answer

Federal legislation does not generally prohibit drug testing by employers, allowing for significant discretion at the federal level for employers to implement drug testing policies. State laws and regulations, however, can vary significantly, with some states imposing restrictions on when and how employers can conduct drug tests.

Question 16

In Smith v. Blue Cross/Blue Shield of Kansas, Inc., an accommodation that would eliminate an essential function of the employee's job is not reasonable, and an employer is not required to wait indefinitely for:

Accepted Answer

An employer is not required to wait indefinitely for an employee to return to work, especially if the requested accommodation would eliminate an essential function of the employee's job.

Question 17

Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability by:

Accepted Answer

Section 501 of the Rehabilitation Act applies only to federal agencies and departments, not private companies or state agencies. Therefore, the best choice is D, federal executives.

Question 18

In Board of Trustees of the University of Alabama v. Garrett, the U.S. Supreme Court, in a 5-4 decision, ruled that the Eleventh Amendment to the U.S. Constitution gave the states immunity from individual suits for damages under the:

Accepted Answer

The case Board of Trustees of the University of Alabama v. Garrett specifically dealt with the Americans with Disabilities Act (ADA), and the Supreme Court ruled that the Eleventh Amendment granted states immunity from individual suits for damages under the ADA.

Question 19

The provisions of the __________________ prohibit discrimination against otherwise qualified individuals with a disability.

Accepted Answer

The Rehabilitation Act of 1973 prohibits discrimination against individuals with disabilities in programs receiving federal financial assistance. It covers a wide range of entities, including federal agencies, employers, and educational institutions.

Question 20

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

The Americans with Disabilities Act (ADA) applies to employers with fifteen or more employees in both the private and public sectors. However, it does not apply to most federal government employers, American Indian tribes, or bona fide private membership clubs. The National Labor Relation Act applies to most private sector employers, the Occupational Safety and Health Act applies to most employers in general, and the Equal Pay Act applies to all employers regardless of size.

Quiz 10: Discrimination Based on Disability