Deck 13: Disability Discrimination

Question 1

If an employee has a compensable workers compensation injury, he also has a claim under the ADA based on that disabling injury.

Answer 1

False

Question 2

If an employee needs an accommodation and the cost constitutes an undue burden, the employer must give the employee the option to pay part of the cost of the accommodation.

Answer 2

True

Question 3

The IRS provides tax credits and deductions to eligible small businesses that suffer a financial burden providing accommodations.

Answer 3

True

Question 4

Pregnant women qualify for leave under the FMLA, but under normal circumstances of pregnancy are not considered disabled under the ADA.

Question 5

Louise has been subject to extensive verbal abuse and teasing at work because she has a speech impediment and stutters. Louise wants to bring a complaint of workplace harassment under the ADA.

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 because, in German, her name means "famous warrior."

Question 6

The courts have been unanimous in ruling that an employer who has terminated an employee because of alcohol related misconduct has not violated ADA.

Question 7

The Americans with Disabilities Act includes a specific list of impairments that are required to be treated as disabilities.

Question 8

As yet the federal government and no state governments have passed laws prohibiting genetic discrimination in employment.

Question 9

In a disparate treatment case of disability discrimination, the employer can defend with a bona fide occupational qualification.

Question 10

The essential functions of a job include all tasks that may or may not be necessary to be completed as part of the job.

Question 11

An individual requiring accommodation in order to perform the essential functions of a job is not otherwise qualified.

Question 12

Dan Turner has heart disease and diabetes. He also suffers from numbness of the bottom of his feet as a result. He is a supervisor at Milton Manufacturing and is required to walk around the plant floor almost constantly checking each phase of production. His physician has advised him to limit his walking to not more than 1 hour per day. Dan has asked his employer to purchase a golf cart so that he can continue to perform the duties of his job.

A) Dan is no longer qualified to perform his job and is not eligible for an accommodation under the ADA.
B) Dan cannot perform the essential functions of his job and can be terminated without violating the ADA.
C) Dan can still perform the essential functions of his job and is entitled to the golf cart as long as the cost is not an undue burden for his employer.
D) None of the choices are correct.

Question 13

An accommodation, under the ADA, is reasonable if:

A) it is feasible.
B) it has been provided by another employer, to a similarly disabled employee.
C) it does not cause a burden on the employer.
D) it does not cause an undue burden on the employer.

Question 14

Adam has a mild intellectual disability and a mild form of Attention Deficit Hyperactivity Disorder (ADHD). He applies for a position as a machine operator at the New China Tool & Die Works. He tells the interviewer that he will be able to do the job if he is given slower paced training as a reasonable accommodation for his impairments.

A) Adam is entitled to the accommodation if the combination of impairments substantially limits his ability to concentrate, learn and work.
B) Adam is entitled to the accommodation because employees at New China work with high speed equipment that can be dangerous if not used properly.
C) Adam is not entitled to the accommodation because employees at New China work with high speed equipment that can be dangerous if not used properly.
D) Adam is not entitled to the accommodation because mild impairments are not covered under the ADA.

Question 15

Reasonable accommodation may require

A) the redesign of a job in order to eliminate non-essential functions.
B) reassignment or reallocation of any some but not all essential functions.
C) lowering the standards of performance.
D) All of the choices are correct.

Question 16

When determining the essential functions of a job, an employer must look to the desired outcome, not the means by which the outcome will be achieved.

Question 17

Helen Baker suffers from a condition that causes her to have periodic severe headaches. There is no cure for the condition and her pain is managed with medication that makes her sleep until the episode is over. When Helen has a headache, it could last anywhere from 1 day to 10 days. When Helen is not bedridden because of a headache, she is active and productive. She has been trained as a medical secretary and would like to continue to work. She has asked her employer to allow her to work flex time to accommodate her condition. Her employer, City Hospital, has denied her request because it would be impossible to prepare a schedule for her department, never knowing if she will be able to work or not.

A) City Hospital is liable under the ADA for refusing to accommodate Helen's disability.
B) City Hospital is not liable because Helen is not otherwise qualified for the job because of her inability to be present at work on a regular basis.
C) Helen will not prevail on her claim under the ADA because she is not disabled everyday.
D) None of the choices are correct.

Question 18

In order to establish that a requested accommodation constitutes an undue hardship under the ADA, an employer must show that the accommodation

A) is not readily achievable.
B) will require the employer to incur more than a de minimis cost.
C) will require the employer to incur a significant cost or obligation.
D) will result in inconvenience to other employees.

Question 19

Wolfgang has been diagnosed as having "alcoholism" and it is getting worse. It is beginning to affect his attendance and his demeanor at work. Wolfgang is afraid his employer, the Big Rock Quarry, will find out but his supervisor already suspects that Wolfgang is an alcoholic. In order to terminate Wolfgang, other than for specific misconduct, Big Rock must
I) inform Wolfgang of counseling services.
II) give Wolfgang a "firm choice" between treatment and discipline if the alcoholism continues.
III) provide outpatient treatment if Wolfgang accepts it.
IV) provide inpatient treatment if outpatient treatment is unsuccessful.

A) I and III only.
B) II only.
C) II, III, and IV only.
D) I, II, III, and IV.

Question 20

If someone is not disabled, but others believe she is, that person is not protected against discrimination.

Question 21

If Rosa hires another applicant:

A) Caleb has an actionable claim for discrimination under ADA, if Rosa did not hire Caleb because the applicant she hired had more experience and a proven fundraising record.
B) Caleb has an actionable claim for discrimination under ADA, if Rosa did not hire him because she was concerned that Caleb's responsibilities at home caring for his wife may impact his work.
C) Caleb does not have an actionable claim for discrimination because the Alumni Relations Department only has 14 employees.
D) None of the choices is correct.

Question 22

A prospective employee whose disability consists of a communicable disease is not otherwise qualified if:

A) the risk of transmission is low and the risk cannot be eliminated by an accommodation that is reasonable.
B) the risk of transmission is high and the risk cannot be eliminated by an accommodation that is reasonable.
C) the risk of transmission is low and the risk can be eliminated by an accommodation that is reasonable.
D) the risk of transmission is high whether or not it can be eliminated by an accommodation that is reasonable.

Question 23

Marie was severely burned as a child in a house fire. She has extensive disfiguring scars on her face and neck. She applied for a job as a cashier at Food Mart and was not hired even though she had worked as a cashier at her father's store for 7 years before he retired. She filed a claim under the ADA.

A) Food Mart is liable under the ADA because of its perception that Marie's facial scars constitute an impairment that substantially limits a major life activity.
B) Food Mart is not liable under the ADA because refusing to hire someone based on their appearance does not violate the ADA.
C) Food Mart is liable under the ADA because it failed to offer Marie a job stocking shelves after the store closed as an accommodation.
D) Food Mart is not liable because the facial scars are not severe and pervasive.

Question 24

TrentCo accidentally discovered that Sara routinely adds a little vodka to her morning coffee and that she is an alcoholic. Her manager realized that Sara's alcoholism must be the reason for Sara's absenteeism and he informed her of the availability of counseling services, giving her a choice between treatment and discipline. TrentCo also offered out-patient treatment and Sara participated in the program without success. When out-patient treatment failed, TrentCo offered to provide inpatient treatment and Sara refused. TrentCo fired Sara. According to the Court

A) Sara has a valid claim under the ADA.
B) Sara does not have a claim under the ADA because she is a functioning alcoholic and therefore her disability does not substantially limit a major life activity.
C) TrentCo is liable under the ADA because it failed to offer time off from work after Sara refused to be admitted to an inpatient care facility.
D) TrentCo is not liable under the ADA because it offered a reasonable accommodation and Sara refused.

Question 25

April wins her ADA discrimination case and accepts the paralegal position. Seven months later, April finds that her child care arrangements are unsatisfactory. Therefore, she is frequently absent from her workplace to care for her child and the quality of her work suffers. April asks for a reasonable accommodation which will allow her to work from home. The university denies the accommodation and terminates April from the paralegal position.

A) April can prevail on a claim for violation of the ADA because the university cannot show that her request for a reasonable accommodation would create an undue hardship.
B) April cannot prevail on a claim for violation of the ADA because the university can show that her request for a reasonable accommodation would create an undue hardship.
C) April cannot prevail on a claim for violation of the ADA because the ADA does not require that the employer reasonably accommodate her because she does not have a disability.
D) April's child can prevail on a claim for violation of the ADA if it requests a reasonable accommodation for April because the university cannot show that it would create an undue hardship.

Question 26

If the disability claimed by the employee is based on a disease, the court will determine if the employee is "otherwise qualified" by

A) assessing the level of risk the employee poses to herself or to her co-workers.
B) determining how long the employee will be capable of performing the essential functions of the job before the disease renders her totally disabled.
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.

Question 27

The Americans with Disabilities Act applies:

A) to all private employers.
B) to only government employers.
C) to all private employers with 15 or more employees.
D) only to corporations.

Question 28

Anders has been a customer service representative for FlyOurWay Airlines for 6 years. He works in a FlyOurWay regional call center. He is also gay and has recently tested positive for HIV. He told one of his coworkers that he tested positive and now the whole office knows. Several of his coworkers have ostracized him and they refuse to touch anything he has touched. His male coworkers have stopped using the men's room on their floor and use a bathroom on a different floor for fear of getting AIDS from Anders. Someone leaves notes on his computer quoting Bible scripture about homosexuality being a sin. He reported these incidents to his supervisor and his supervisor told him that with his disease he should be at home resting and by being in the office he was putting everyone at risk with his germs.

A) Anders has a claim for hostile work environment harassment under ADA.
B) Anders has a claim for hostile work environment harassment under ADA and under Title VII.
C) Anders has a claim for hostile work environment harassment under ADA, Title VII and FMLA.
D) None of the choices is correct.

Question 29

A worker who incurs a work-related injury that is covered by a worker's compensation plan

A) is eligible for payment of lost wages and medical expenses based on a schedule of benefits.
B) must prove that the employer failed to meet the appropriate standard of care for avoiding unreasonable risk of harm to others.
C) must take out worker's compensation insurance or be self-insured.
D) must get a written waiver of common law defenses from the employer in order to receive a monetary payment.

Question 30

Sara has applied for a job as a stock clerk, at Danny Boy's Supermarket. During her interview, she reveals to the interviewer that at some point in the next ten months she will need to undergo surgery to remove a tumor in one of her vertebrae, and that even if the surgery is successful, her post-operative range of movement could be severely limited. The job for which Sara is applying requires a good deal of lifting and a wide range of movement, in order to place goods on the shelves?

A) Danny Boy's may decline to hire her if it is reasonably certain that, within the near future, she will be unqualified for the job she currently seeks.
B) Danny Boy's must offer her the job, even though she may soon be rendered unqualified, 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 job, Danny Boy's may not decline to offer her a job if, at the time of the interview, she is otherwise qualified.
D) The possibility of future disability is, under the ADA, equal to a present disability, regardless of the probability of a disability materializing.

Question 31

The term "essential functions of the job," as that term is used in the ADA, refers to:

A) any tasks so designated by the employer for whom the job will be done.
B) task so designated by the EEOC.
C) task so designated by the Department of Labor.
D) only those tasks that are fundamental to the performance of a job, and are not marginal or unnecessary.

Question 32

If Rosa hires Caleb and after working for two months, Caleb requests additional time off to take care of his ailing wife and Rosa denies his request:

A) Caleb has an actionable claim for discrimination under ADA, because his employer has a duty to accommodate him.
B) Caleb has an actionable claim for discrimination under ADA and FMLA because his employer has a duty to accommodate him.
C) Caleb does not have an actionable claim for discrimination under ADA, because his employer has no duty to accommodate him.
D) None of the choices is correct

Question 33

Marion is severely dyslexic and has severe difficulty reading. He has experience in operating construction machinery. Bailey Construction, Inc. has an opening for bulldozer operator. Marion attempted to apply for the job. He explained that he was dyslexic and asked to take the application home so his wife could complete it. The HR director refused saying that it was against company policy and the application had to be completed at the office. Marion then asked that the application be read aloud to him and completed by the HR manager. The manager refused again.

A) Marion does not have a claim under the ADA because the application process is not covered by the Act.
B) Marion has a claim under the ADA because Bailey's application process discriminates against individuals with dyslexia.
C) Marion does not have a claim under the ADA because he is not disabled because the ability to read is not a major life activity.
D) Marion does not have a claim under the ADA he was never hired.

Question 34

Section 503 of the Rehabilitation Act:

A) applies only to the employment practices of government employers.
B) applies only to the employment practices of private employers.
C) requires federal contractors with contracts valued at more than $1,000 annually to take affirmative action to employ and promote qualified disabled individuals.
D) requires federal contractors with contracts valued at more than $10,000 annually to take affirmative action to employ and promote qualified disabled individuals.

Question 35

Under the ADA, an individual:

A) is disabled if the individual has an impairment that substantially limits one or more of the major life activities.
B) is disabled only if the individual has an impairment that substantially limits all major life activities.
C) is disabled if he has an impairment resulting from any medically recognized disorder.
D) can establish a rebuttable presumption of disability by presenting a letter from a trained medical professional.

Question 36

Which of the following would not be a reasonable accommodation required of an employer?

A) providing a "sign language" interpreter for a deaf employee.
B) reassignment of the disabled employee to a vacant position.
C) adjustment or modifications of examinations used for promotion purposes.
D) creating a new position that fits the abilities of the disabled person.

Question 37

Bud is a critical care nurse at St. George's Hospital. The hospital routinely screens its health care employees for blood born diseases. Bud tests positive for HIV. Whenever one of its health care employees with direct patient contact tests positive for a blood born disease, it moves the employee to a desk job, with no loss in pay, but without patient contact. Bud refuses. He requests that the hospital hire a "shadow" nurse to follow him on his shift and do any invasive procedures. The hospital denies his request and fires Bud because he will not move to the desk job.

A) Bud's request represents an undue hardship on the hospital under ADA.
B) The hospital has a duty to provide the accommodation Bud requests under ADA.
C) As a religious organization, St. George's is exempt from the requirements of ADA.
D) None of the choices is correct.

Question 38

According to EEOC guidelines, a reasonable accommodation includes:
(I) Providing interpreters or readers for the disabled employee
(II) Making the facilities usable by individuals with disabilities
(III) Restructuring the job by lowering the standards for disabled employees
(IV) Modifying work schedules

A) I & II
B) I, II & III
C) I, II & IV
D) All of the choices are correct.

Question 39

Michael Morgan injured his back at work which resulted in a permanent partial disability. Specifically, Michael was unable to stand or stand for long periods of time. He desired to return to work, however, he was not able to perform the duties of his old job. Michael waived the medical restrictions and returned to work anyway. He compensated for the disability by using sick days and vacation days which amounted to at least 1 to 2 days per week. After 3 months of working this schedule, he was terminated. According to the court in Pickens v. Soo Line Railroad Co.,

A) Michael has a claim for discriminatory discharge under the ADA because he could perform the "essential functions" of the job when he is able to work.
B) Michael has a claim for discriminatory discharge under the ADA because he is "otherwise qualified" for the job.
C) Michael does not have a claim for discriminatory discharge because his waiver of medical restrictions for employment eliminated his disability for purposes of the ADA.
D) Michael does not have a claim for discriminatory discharge because he cannot perform the "essential functions" of the job because regular attendance is a necessary element of the job.

Question 40

Malouf is afflicted with chronic hepatitis, a communicable disease, and an acknowledged disability. A prospective employer learns of Malouf's hepatitis and is unwilling to hire him, fearing that the disease will be communicated to others in the workplace. In making the decision about whether to hire Malouf:

A) the employer must consider the cost of curing the disease.
B) the employer must make the decision in the absence of any specific request for accommodation by Malouf.
C) the employer is not allowed to view the threat posed by a disability as distinct from the disability itself.
D) the employer is allowed to view the threat posed by a disability as distinct from the disability itself.

Question 41

What are the distinctions between the family and Medical Leave Act (FMLA) and the ADA with regard to an employee who wants to take time off due to a medical condition?

Question 42

Margalit works as a waitress at John & Bessie's Pancake House, where she is one of 37 employees. She is 7 months pregnant. Recently, her doctor said she has a high-risk pregnancy, for which bed rest prescribed. Margalit is unable to work until further notice. She has asked her employer for time off. Margalit is

A) entitled to 12 weeks of unpaid leave under the Family and Medical leave Act (FMLA).
B) entitled to 12 weeks of paid leave under the Family and Medical leave Act (FMLA).
C) entitled to paid leave as a reasonable accommodation under the ADA.
D) None of the choices is correct.

Question 43

Does the duty of reasonable accommodation require the same level of accommodation from every employer, with respect to a given disability? Explain.

Question 44

Describe the "interactive process" that should occur when there is a possible need for reasonable accommodation. Include the respective responsibilities of the employer and the employee.

Question 45

In EEOC v. Convergys Customer Management Group, Inc., the court determined that allowing the claimant to violate the strict punctuality policy was:

A) an undue hardship under ADA.
B) a reasonable accommodation under ADA.
C) a direct threat to coworkers.
D) None of the choices is correct.

Question 46

Describe the elements of a prima facie case of hostile work environment discrimination under the ADA. How does this differ from the requirements of the Rehabilitation act?
A. The plaintiff is a qualified individual with a disability protected by the ADA;
The plaintiff was subject to unwelcome harassment;
B. The harassment was based on plaintiff's disability;
C. The harassment was sufficiently severe or pervasive to alter a term, condition, or privilege of employment; and
D. The employer knew or should have known of the harassment and failed to take prompt, remedial action.
In cases under the Rehabilitation Act, plaintiff must show that the employer was the recipient of federal funds.

Question 47

Hugo is a sales representative for ChillOut Inc., a company that supplies frozen foods to supermarkets. His duties require that he travel to the stores to view inventory and talk to store managers. Due to multiple sclerosis, Hugo has become progressively weaker in his shoulder and elbows but he has strong hands. Hugo has requested that the company install a one-handed control system on one of its minivan so that he can drive it. The cost will be $35,000 to $45,000. Based on the size and financial position of the company, this is more than it can afford. ChillOut should tell Hugo that

A) it cannot make the requested reasonable accommodation due to undue hardship and he should find another job.
B) it cannot make the requested reasonable accommodation due to undue hardship and ask him whether he is willing to pay the portion of the cost that constitutes an undue hardship.
C) he should get another medical opinion to see whether there is another accommodation that is more affordable.
D) he should equip his personal vehicle with adaptive technology and use it for work.

Question 48

In Huber v. Wal-Mart Stores, Inc., the U.S. Court of Appeals for the Eight Circuit stated that it would follow

A) the EEOC's enforcement guidance that a disabled employee, who can no longer perform the essential functions of her own position, should be reassigned to a vacant position for which she is minimally qualified.
B) the EEOC's enforcement guidance that a disabled employee, who can no longer perform the essential functions of her own position, should be reassigned to a vacant position only if she was the most qualified candidate for the vacant position.
C) the Seventh Circuit's approach that ADA reassignment does not require an employer to reassign a qualified disabled employee to a job for which there is a more qualified applicant, if the employer has a policy to hire the most qualified applicant.
D) the Tenth Circuit's approach that reassignment under the ADA results in automatically awarding a position to a qualified disabled employee regardless whether other better qualified applicants are available, and despite an employer's policy to hire the best applicant.

Question 49

Marla is a kindergarten assistant at Woodbridge Elementary. She is obese and cannot sit in the chairs provided for teachers in the kindergarten rooms. Marla requests a different chair, but her employer refuses. Marla is protected under ADA if:

A) her obesity is transitory.
B) her obesity is physiological.
C) her obesity is morbid.
D) All of the choices are correct.

Question 50

What factors must be taken into account in determining whether an individual with a communicable disease that is a disability is otherwise qualified for the job?

Question 51

Health insurers and employers are prohibited from discriminating against people for flaws or disease risks revealed by genetic testing under the provisions of the

A) Genomics and Personalized Medicine Act
B) Genetic Information Nondiscrimination Act
C) Americans with Disabilities Act
D) Stem Cell Research Enhancement Act

Question 52

List the elements of a prima facie case of disparate treatment disability discrimination under the ADA.

Question 53

As a result of the Americans with Disabilities Act

A) disabled employees can be favored over disabled applicants.
B) reverse discrimination in favor of a disabled person is prohibited.
C) a person who other people believe has a disability but does not have a disability, is protected against discrimination.
D) All of the choices are correct.