Deck 13: Disability Discrimination

Question 1

Janet 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 Grocery Corner and was not hired,despite her qualifications,because the employer feared that customers would be repulsed by Janet's scars.Which of the following would be the most likely outcome if Janet files a discrimination claim under the Americans with Disabilities Act?

A) Grocery Corner will be liable under the Americans with Disabilities Act (ADA) because of its perception that Janet was disabled even though she was perfectly capable of performing the job.
B) Grocery Corner 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) Grocery Corner will be liable under the Americans with Disabilities Act only if Janet can show that the employer does not have to provide any reasonable accommodations if she is hired as a cashier.
D) Grocery Corner will not be liable because the Americans with Disabilities Act does not apply to private employers.

Answer 1

A
Explanation: Grocery Corner is liable under the Americans with Disabilities Act (ADA) because of its perception that Janet's facial scars constitute an impairment that substantially limits a major life activity. Someone who is not disabled can still be covered under the ADA as long as she or he is perceived by the employer as being disabled.

Question 2

Punitive and compensatory damages are available to a plaintiff in an ADA retaliation suit.

Answer 2

False
Explanation: No jury trial and no punitive or compensatory damages are allowed in an ADA retaliation suit, which means that the remedy is limited to equitable relief, such as reinstatement if you were fired.

Question 3

Roger is a customer service representative at FlyAway 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 Roger's co-workers ostracized him and refused to work with him.He was also constantly subjected to verbal abuse by his co-workers.Roger reported these incidents to his supervisor,and his supervisor fired him.Which of the following holds true in this case?

A) Roger has a discrimination claim based on hostile work environment under the Americans with Disabilities Act because FlyAway took an adverse employment action by firing him.
B) Roger 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) Roger 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) Roger 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.

Answer 3

A
Explanation: Roger has a claim for discrimination based on hostile work environment under the Americans with Disabilities Act (ADA) because FlyAway took an adverse employment action by firing him. HIV status may be considered a disability under the ADA. Typically, hostile work environment discrimination is not found unless an employer takes some employment action against the protected person, such as firing, demoting, or refusing to hire. Some courts, however, have found an implied right of the employee to be free from a hostile work environment, even in the absence of any employment action.

Question 4

An individual must have an actual disability in order to be protected under the ADA.

Question 5

If an employee believes that she or he is the subject of discrimination on the basis of disability,the typical first step is to directly file a complaint with the Equal Employment Opportunity Commission (EEOC).

Question 6

The ADA may require an employer to permit medical leave for an employee with a serious medical condition.This leave is similar to,but not the same as,the leave available under the FMLA (Family and Medical Leave Act).

Question 7

If an individual claims associational disability under the ADA,he or she must demonstrate one of the following,except:

A) the employer believes that the disability will increase costs, for example in the health plan
B) the employer fears that other employees may contract the disability
C) the employer fears that the employee may contract the disability
D) the employee will be distracted by the disability, and may need additional time off work to care for the individual impacted, etc.

Question 8

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.

Question 9

The United States is the only country that recognizes the need for legislation to ensure that people with disabilities are not subjected to discriminatory treatment in the workplace.

Question 10

To successfully demonstrate a case of disability discrimination based on disparate treatment,a plaintiff must show all of the following except:

A) the employee/plaintiff is disabled
B) the employee is otherwise qualified for the job
C) the employer refused a reasonable accommodation
D) the employer is subject to the ADA.

Question 11

When determining the essential functions of a job,an employer must look to the function to be accomplished and not to the means of performing that function.

Question 12

If an employee is treated as disabled by the employer but has no disability,there can be a violation of the ADA.

Question 13

The requirement of reasonable accommodation for a disabled employee means that an employer must create a new job,modify a full-time position to create a part-time position,or modify the essential functions of the job.

Question 14

Leland applies for a position as a fundraiser in the Alumni Relations Department of Wayne College.During the interview,he mentions to Callie,the director of the Alumni Relations Department,that his wife has just been diagnosed with leukemia.In spite of Leland having eight years of fundraising experience,he is denied the job.Which of the following holds true in this case?

A) Leland 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) Leland does not have an associational discrimination claim as he is not the one with a disability.
C) Leland does not have an associational discrimination claim as he is not yet an employee of Wayne College.
D) Leland 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.

Question 15

To determine whether a task is an essential function of a job,courts weigh a variety of evidence including all of the following except:

A) work experience of those who perform the task currently, or have performed it in the past
B) written job description
C) consequences if the employee cannot perform the task
D) frequency of the task, i.e. how often must it be performed

Question 16

Deana was asked to provide information to support her friend,Toby who was denied a reasonable accommodation based on a disability.Deana complied,and the employer was found liable for not providing the reasonable accommodation.Later that week,Deana was demoted to a lower-paying position within the company.To prove retaliation,Deana must be able to show all of the following,except:

A) she testified on behalf of Toby
B) the employer retaliation (her demotion) was related to her testimony on Toby's behalf
C) Toby was ultimately found to be disabled under the ADA, and entitled to reasonable accommodation
D) she was demoted

Question 17

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

Question 18

The Genetic Information Nondiscrimination Act (GINA)prohibits employers from collecting genetic information and from considering someone's genetic background in any employment-related decisions such as hiring or firing.

Question 19

An employer may defend a disability discrimination case with a claim of business necessity.

Question 20

The three possibilities for a disability determination under the ADA include all of the following except:

A) a record of a physical or mental impairment that substantially limited a major life activity
B) a physical or mental impairment that is not known to an individual's physician and rarely impacts that individual's work or family life
C) a physical or mental impairment that substantially limits one or more of the major life activities of an individual
D) when an employer takes an action prohibited by the ADA because of an actual or perceived impairment that is not both transitory and minor

Question 21

When dealing with workplace accidents or injury,the failure to meet the appropriate standard of care for avoiding unreasonable risk of harm to others is known as ________.

A) negligence
B) nuisance
C) assault
D) battery

Question 22

Under the Americans with Disabilities Act,which of the following is a reasonable accommodation that an employer is required to provide to a disabled employee?

A) Moving the disabled employee's workstation closer to equipment, materials, and rooms that he or she frequently uses
B) Reducing the workload of the disabled employee and assigning it to a nondisabled employee
C) Providing the disabled employee with more rights to his or her job than those provided to nondisabled employees
D) Creating a whole new position that fits the abilities of the disabled employee

Question 23

Which of the following is NOT a component of the ADA definition of intellectual disability:

A) disability that originated before the age of 18
B) significant limitations in adaptive skill areas
C) disability that originated pre-employment
D) IQ of below 70-75

Question 24

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

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.

Question 25

Under the Americans with Disabilities Act (ADA),employers are permitted to:

A) accommodate disabled employees by eliminating an essential function of a job or lowering a production standard that applies to all employees if they want to.
B) provide employees with disabilities more rights to their jobs than those provided to nondisabled employees.
C) impose standards or criteria that discriminate against or screen out employees or applicants on the basis of their disability.
D) make presumptions about what a class of disabled individuals may or may not be able to do.

Question 26

In a disparate treatment case involving a disabled employee,one of the employer's defenses is to establish that the employment action was taken as a result of the employee's:

A) poor performance.
B) physical disability.
C) reluctance to request accommodation.
D) perceived disability.

Question 27

Tamara and Nate are two applicants for a job.Nate is disabled and requires the use of a wheelchair,and Tamara has no disability.Both are equally qualified for the job.However,the employer chooses Tamara over Nate solely because of the need to modify the workspace if Nate is employed.Which of the following holds true in this scenario?

A) The employer will not be liable because Tamara, being a woman, belongs to a protected class as well.
B) The employer will be liable because employers are required to provide any possible accommodations requested by employees with disabilities, regardless of whether they cause the employer undue hardship.
C) The employer will be liable because it is unlawful to discriminate against a disabled employee just to avoid the obligation to provide a reasonable accommodation.
D) The employer will not be liable because both the applicants are equally qualified; however, it would be liable only if Nate were more qualified than Tamara.

Question 28

Regina works as a stock clerk at The 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,Regina 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?

A) The Store may decline to promote Regina if it is reasonably certain that in the near future she will be unqualified to work as a merchandise manager.
B) The Store may be required to promote Regina, 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 Regina being not otherwise qualified for the new job, The 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.

Question 29

Lucas experiences extensive verbal abuse and teasing at work because he stutters.Lucas wants to file a complaint of workplace harassment under the Americans with Disabilities Act (ADA).Which of the following holds true in this case?

A) Lucas cannot bring a claim of workplace harassment under the ADA because his problem at work is not related to his ability to perform the essential functions of his job.
B) Lucas can bring a claim for workplace harassment under the ADA if he can show that his speech impediment and stuttering affect a major life activity or if he is regarded as disabled.
C) Lucas 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) Lucas can bring a claim for workplace harassment under the ADA if he can show that his employer failed to create a new job, create a part-time position, or modify the essential functions of the job to accommodate his disability.

Question 30

Mona,who works as a waitress at Flop's Pancake House,is seven months pregnant.She is one of 28 employees at the restaurant.Recently,her doctor informed her that she will have a high-risk pregnancy and,therefore,prescribed bed rest.Mona,unable to work for the next few months,asks her employer for time off from work.Mona is:

A) entitled to 12 weeks of unpaid job-protected leave under the Family and Medical Leave Act.
B) entitled to 15 weeks of paid leave under the Family and Medical Leave Act.
C) entitled to a pay raise to support her medical condition under the Americans with Disabilities Act.
D) entitled to a new position exclusively created for her as a reasonable accommodation under the Americans with Disabilities Act.

Question 31

Once an employee puts forth a prima facie case of disability discrimination,the burden shifts to:

A) the Equal Employment Opportunity Commission (EEOC) to prove the disability exists.
B) the employee to prove no accommodations were made.
C) the employer to establish a legitimate non-discriminatory reason (LNDR) for the employment action.
D) the courts to find a legitimate non-discriminatory reason (LNDR) for the employment action.

Question 32

Berta,a critical care nurse at a private hospital,tests positive for HIV during one of the routine health checkups conducted for all hospital employees.Whenever an employee whose job requires them to have direct contact with patients tests positive for a blood-borne disease,the hospital shifts them to a desk job with no change in salary.Berta refuses this arrangement.She requests that the hospital hire a part-time nurse to follow her on her shift and to keep a check on her.The hospital denies this request and fires Berta because of her unwillingness to move to the desk job.Which of the following holds true in this case?

A) Berta's request can be lawfully denied as it represents an undue hardship on the hospital.
B) The hospital has a duty under the Americans with Disabilities Act to provide all of the accommodations Berta requests.
C) The hospital needs to consider Berta's request as creating a new job is not an effective way to accommodate a disabled employee.
D) Berta's request need not be heeded as HIV/AIDS is not a covered disability under the Americans with Disabilities Act.

Question 33

Debbie is a kindergarten assistant at Atkins' Elementary School.Since Debbie suffers from obesity,she is not able to use the chairs provided for teachers in the kindergarten rooms.Debbie requests a different chair,but her employer refuses.Debbie is protected under the Americans with Disabilities Act (ADA)only if:

A) her obesity is transitory.
B) her obesity is due to a physiological condition.
C) her type of obesity is not widely prevalent.
D) her type of obesity is temporary.

Question 34

Which of the following might be an ineffective notice to an employer that a reasonable accommodation is needed for a disabled employee?

A) a casual remark by an employee, in the presence of their supervisor, of the existence of a disability
B) a request for the employer to review the employee's medical records
C) a letter from an employee's physician indicating that an accommodation is appropriate
D) a request for accommodation from the employee

Question 35

Which of the following acts prohibits health insurers and employers from discriminating against people for flaws or disease risks revealed by genetic testing?

A) The Genomics and Personalized Medicine Act
B) The Genetic Information Nondiscrimination Act
C) The Tax Relief and Health Care Act
D) The Stem Cell Research Enhancement Act

Question 36

Which of the following is most likely to constitute a hostile environment in violation of the ADA?

A) teasing
B) offhand comments
C) repeated incidents of harassment in the workplace
D) all of the above

Question 37

Employers must promptly consider an employee's request for accommodation.Factors the courts look to in determining whether the employer has been timely include all of the following except:

A) whether the accommodation requested was simple, or more complex
B) whether the employee contributed to the delay
C) length of the delay
D) what the employee did during the delay, i.e., how well did the employee function during the period of the delay

Question 38

In order to establish that a requested accommodation constitutes an undue hardship on an employer under the Americans with Disabilities Act (ADA),it must be shown that the accommodation will:

A) result in discrimination against nondisabled employees.
B) require the employer to incur a little more than a de minimis cost.
C) impose a significant obligation on the part of the employer.
D) result in unnecessary benefits to nondisabled employees as well.

Question 39

Leslie,a nurse practitioner at Flower 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,Leslie 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?

A) Flower Hospital is liable under the Americans with Disabilities Act (ADA) for refusing to reasonably accommodate Leslie's disability.
B) Flower Hospital is not liable under the Americans with Disabilities Act because Leslie's erratic, unexplained absences are not protected even if they are due to a disability.
C) Flower Hospital is liable under the Americans with Disabilities Act because it failed to collect adequate information about health condition before hiring her.
D) Flower Hospital is not liable under the Americans with Disabilities Act because the act does not extend to private employers.

Question 40

Javier,a sales representative at a company that supplies frozen foods to supermarkets,is required to travel to the stores to meet their managers and view their inventory.After a recent road accident,Javier's left hand became severely impaired and only his right hand is functional.Javier requests that the company install a one-hand driving system,costing $35,000 to $45,000,in one of its minivans so that he can drive it.Based on the size and financial position of the company,this cost is more than it can afford.The employer should convey to Javier 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 accommodation due to undue hardship but ask him whether he is willing to pay a portion of the cost that will be incurred in making the accommodation.
C) it will make all the necessary accommodations as the law requires employers to provide any possible accommodations requested by employees with disabilities.
D) it will make all the necessary accommodations by either creating a new job, creating a part-time position, or modifying the essential functions of the job as mandated under the Americans with Disabilities Act.

Question 41

What factors must be considered in determining whether an individual with a communicable disease that is a disability is otherwise qualified for the job? Does the employer still have a defense in case he or she terminates an employee based on such a disability?

Question 42

List the elements that must be demonstrated by a disabled employee to establish a retaliation claim.Are compensatory damages allowed in a retaliation suit under the Americans with Disabilities Act (ADA)?

Question 43

Lend Co.accidentally discovered that one of its employees,Dana,is an alcoholic.Her manager realized that Dana's alcoholism must be the reason for her absenteeism.To help Dana overcome her alcoholism,the employer provided her with counseling services and also asked her to make a firm choice between treatment and discipline.Lend Co.also offered outpatient treatment,and Dana participated in the program without success.When all of these efforts failed,Lend Co.offered to provide inpatient treatment,and Dana refused.Lend Co.fired Dana.According to the courts:

A) Dana has a valid claim under the Americans with Disabilities Act because she willingly participated in the outpatient treatment, even though it did not produce positive results.
B) Dana does not have a claim under the Americans with Disabilities Act because the act does not consider alcoholism to be a disability.
C) Lend Co. is liable under the Americans with Disabilities Act because it failed to offer Dana time off from work after she refused to be admitted to an inpatient care facility.
D) Lend Co. is not liable under the Americans with Disabilities Act because it offered a reasonable accommodation, and Dana refused.

Question 44

Does the duty of reasonable accommodation for any given disability require the same level of accommodation from every employer? Elaborate.

Question 45

Phil,who works as a staff manager at Holiday Inn,has a minor blood clot in his brain and thus goes on an extended 14 weeks of leave for his surgery.However,he is not able to completely recover within 14 weeks and asks Holiday for an additional two-week leave to recuperate.Holiday informs him that his position might no longer be available when he returns from his extended leave,and Phil agrees.Which of the following holds true in this case?

A) Holiday is obligated under the Americans with Disabilities Act to find a vacant position for Phil at an equivalent level or, if not available, at a lower level when he returns.
B) Holiday has no obligations under the Americans with Disabilities Act as it has already provided 14 weeks of leave to accommodate Phil's disability.
C) Phil is entitled under the Americans with Disabilities Act to return to the same or equivalent position as that which he left when taking the leave but at a lower salary.
D) Phil needs to be terminated from his job because he took more leave than what is allowed under the Americans with Disabilities Act.

Question 46

Describe the regulations that protect disabled employees from discrimination in the workplace.

Question 47

In a disparate impact ADA case,an employer can defend with a claim of business necessity.This involves all of the following except:

A) Performance cannot be accomplished by reasonable accommodation
B) The qualification that is complained of is consistent with business necessity
C) No disabled employee can perform the job or task involved
D) The qualification standard is job related

Question 48

An employer may require a medical examination of an employee if that examination is job-related and consistent with business necessity.The employer can demonstrate this by all of the following except:

A) The employee's ability to perform the essential functions of their job is impaired.
B) The employee requests an accommodation.
C) The employee poses a direct threat to himself or others.
D) It is the most expedient way to determine whether or not the employee's requested accommodation is necessary.

Question 49

Peter works as a machine operator at KB Industries.One day,while getting a machine started,Peter slips and falls from a ladder and breaks his elbow.Which of the following holds true in this case?

A) Peter will not be covered under workers' compensation because such injuries and accidents are expected in his job.
B) Peter will not be covered under workers' compensation because he is not a white-collar employee.
C) Peter will be covered under workers' compensation if he is able to prove that his injury was due to a disability that he may have.
D) Peter will be covered under workers' compensation if he is able to prove that his injury arose out of or in the course of his employment.

Question 50

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