Question 1

In Severino v.North Fort Meyers Fire Control Dist. it was held that a firefighter who was HIV-positive was reasonably accommodated under the Rehabilitation Act by being reassigned to light duties because the medical evidence indicated a risk of transmission of his disease to others during:
A) ​communication with others.
B) ​rescue operations.
C) ​training.
D) ​meal times.

Accepted Answer

The case held that the firefighter was reasonably accommodated by being reassigned to light duties during rescue operations, as the medical evidence indicated a risk of transmission of HIV to others while performing these duties. The other options of communication, training, and meal times were not specified as posing a significant risk of transmission in this particular case.

Question 2

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

Accepted Answer

The answer of In Georgia Association of Educators v.Harris, a...

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

Accepted Answer

The court held that the employer's refusal to allow a disabled employee to work at home was not a violation of the ADA. The court reasoned that the employee's request was not reasonable because the job required regular and in-person interaction with co-workers and clients, and the telecommuting arrangement would affect the employee's essential job functions. Therefore, the employer did not discriminate against the employee based on their disability. The other options (A, B, and D) are incorrect because they suggest that the employer's actions were discriminatory or violated certain laws, which is not supported by the court's decision.

Question 4

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:
A) ​stress and anxiety.
B) ​tardiness and absenteeism.
C) ​reduced sales and profitability.
D) ​surgery and heart disease.

Accepted Answer

According to the information given in the question, Carolyn Humphrey was fired from her job as a medical transcriptionist at Memorial Hospitals Association (MHA) due to her history of tardiness and absenteeism. Therefore, option B is the correct choice. The other options (A, C, and D) are not mentioned in the question and are irrelevant to Humphrey's termination.

Question 5

The provisions of the _____ prohibit discrimination against otherwise qualified individuals with a disability.
A) ​Civil Rights Act of 1984
B) ​Fair Labors Standards Act
C) ​Rehabilitation Act of 1973
D) ​Executive Order 11246

Accepted Answer

The Rehabilitation Act of 1973 specifically prohibits discrimination against otherwise qualified individuals with a disability in any program or activity that receives federal financial assistance. The other options listed do not address disability discrimination.

Question 6

The constitutional challenges to public sector drug testing are based on the _____, which forbids unreasonable searches or seizures by the government.
A) ​Third amendment
B) ​Fourth amendment
C) ​Equal Protection Act
D) ​Sixth amendment

Accepted Answer

The constitutional challenges to public sector drug testing are based on the Fourth Amendment, which forbids unreasonable searches or seizures by the government. Drug testing is considered a search, and as such, it must meet Fourth Amendment requirements for reasonableness.

Question 7

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:
A) ​Fourth Amendment of the U..Constitution.
B) ​U...section 1980b.
C) ​Section 704(k) Title VII.
D) ​42 U...Section 1981A.

Accepted Answer

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 42 U.S. Section 1981A. This section provides remedies for civil actions based on intentional discrimination in employment when relating to disabilities, race, color, religion, sex, or national origin. It allows for damages such as back pay, interest on the back pay, and compensation for other losses caused by the discrimination, as well as punitive damages.

Question 8

Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability by:
A) ​states executive.
B) ​private agencies.
C) ​companies.
D) ​federal executives.

Accepted Answer

Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability by federal executives, including federal agencies and the federal government as an employer. It does not apply to private companies or state executives.

Question 9

In National Treasury Employees Union v.Von Raab, the Supreme Court upheld rules of the:
A) ​U..Customs Service.
B) ​U..Prevention of Drug Act.
C) ​National Labor Relation Board.
D) ​Occupational Safety and Health Act.

Accepted Answer

The Supreme Court upheld rules of the U.S. Customs Service, which required drug testing for employees in sensitive positions such as those involved in drug interdiction.

Question 10

In Brown v.Lucky Stores, Inc. Lucky Stores fired Brown for abandoning her job.Brown filed suit against Lucky Stores and Hunt alleging discrimination based on her alcoholism under the ADA, Rehabilitation Act, FEHA and various state tort and contract claims.The trial court concluded Lucky Stores did not have a duty to accommodate Brown because she:
A) ​is not disabled under the ADA.
B) ​did not suffer from the contagious disease.
C) ​never requested an accommodation.
D) ​declined the offer to take reasonable accommodation.

Accepted Answer

Brown never requested an accommodation, which is a necessary step for an employer to have a duty to accommodate under the ADA.

Question 11

In which of the following cases did the Supreme Court uphold the constitutionality of Federal Railroad Administration regulations that required drug tests of all railroad employees involved in accidents, regardless of whether there was any reason to suspect individual employees of drug use?​
A) ​Raytheon Co.v.Hernandez
B) ​Skinner v.Railway Labor Executives' Association
C) ​New York City Transit Authority v.Beazer
D) ​Vande Zande v.State of Wisconsin Dept.

Accepted Answer

The case of Skinner v. Railway Labor Executives' Association dealt with drug testing policies for employees involved in train accidents. The Supreme Court upheld the constitutionality of the Federal Railroad Administration regulations that required drug tests of all railroad employees involved in accidents, regardless of whether there was any reason to suspect individual employees of drug use.

Question 12

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?​
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.

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

Accepted Answer

The Rehabilitation Act, section 504, prohibits discrimination on the basis of disability against otherwise qualified individuals with a disability by persons or entities operating or administering any federally funded programs. The Civil Rights Act, section 501, prohibits discrimination in employment on the basis of disability by the federal government. The Americans with Disabilities Act, section 503, requires federal contractors and subcontractors to take affirmative action to employ and advance qualified individuals with disabilities. Title VII, section 505, does not exist.

Question 14

Drug testing by employers is not generally prohibited by any:
A) ​federal legislation.
B) ​states legislation.
C) ​state statutes.
D) ​private companies.

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 15

In Board of Trustees of the University of Alabama v.Garrett, the U..Supreme Court, in a 5-4 decision, ruled that the Eleventh Amendment to the U..Constitution gave the states immunity from individual suits for damages under the:
A) ​Occupational Safety and Health Act.
B) ​National Labor Relation Act.
C) ​U..Constitution.
D) ​Americans with Disabilities Act.

Accepted Answer

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

Question 16

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

Accepted Answer

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

Question 17

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:
A) ​an employee to return to work.
B) ​the government to take action.
C) ​insurance to be paid.
D) ​an employee to take medical test.

Accepted Answer

The case establishes that an accommodation that would eliminate an essential job function is not reasonable. Furthermore, the employer is not required to wait indefinitely for an employee to return to work, as this can cause undue burden to the company.

Question 18

An individual must first file an ADA complaint with a state or local agency, where appropriate, and then with the:
A) ​EEOC.
B) ​OSHA.
C) ​NLRB.
D) ​U..Supreme Court.

Accepted Answer

According to the ADA, individuals must first file a complaint with a state or local agency before filing with the EEOC. Therefore, the correct answer is A. OSHA and NLRB do not handle ADA complaints, and filing directly with the U.S. Supreme Court is not an appropriate or necessary step in the process.

Question 19

The _____ was encouraged by the Americans with Disabilities Act (ADA) to develop a list of diseases that can be transmitted through food handling.
A) ​American Medical Association
B) ​Public Health Service
C) ​U..Food and Drug Administration
D) ​Secretary of Health and Human Services

Accepted Answer

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

Question 20

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

Accepted Answer

Employers are required to make reasonable accommodations for employees with AIDS or related conditions. This means that employers must make adjustments to the workplace or the job duties to enable the employee to perform the essential functions of the job, as long as it does not cause undue hardship on the employer. Examples of reasonable accommodations include modifying work schedules or providing ergonomic equipment.

Quiz 10: Discrimination Based on Disability

In Severino v.North Fort Meyers Fire Control Dist. it was held that a firefighter who was HIV-positive was reasonably accommodated under the Rehabilitation Act by being reassigned to light duties because the medical evidence indicated a risk of transmission of his disease to others during:

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

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:

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:

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

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

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:

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

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

In which of the following cases did the Supreme Court uphold the constitutionality of Federal Railroad Administration regulations that required drug tests of all railroad employees involved in accidents, regardless of whether there was any reason to suspect individual employees of drug use?

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?

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:

Drug testing by employers is not generally prohibited by any:

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

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

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:

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

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

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.