Question 1

Remedies available under the Americans with Disabilities Act (ADA)include injunctions, hiring or reinstatement order and attorney fees.

Accepted Answer

The Americans with Disabilities Act (ADA) allows for various remedies including injunctions (court orders to stop discriminatory practices), orders for hiring, reinstatement, or promotion of individuals with disabilities, and the award of attorney fees to the prevailing party.

Question 2

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 both private and public sector employers with fifteen or more employees, but it does not apply to most federal government employers, American Indian tribes, or bona fide private membership clubs. The ADA is designed to protect individuals with disabilities against discrimination in various areas, including employment.

Question 3

Under the Americans with Disabilities Act (ADA), employers cannot refuse to hire or accommodate any individual including conditions that pose a "direct threat" to the health or safety of others in the workplace.

Accepted Answer

The ADA allows employers to refuse to hire or may not have to accommodate an individual if the individual poses a "direct threat" to the health or safety of others that cannot be eliminated or reduced by reasonable accommodation.

Question 4

An employer failing to make reasonable accommodation commits illegal discrimination under the Americans with Disabilities Act (ADA).

Accepted Answer

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship to the business. Failure to do so is considered a form of discrimination.

Question 5

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 6

In the Hosanna-Tabor case, the court held that:

Accepted Answer

In the Hosanna-Tabor case, the Supreme Court held that the called teacher was considered a minister under the Americans with Disabilities Act (ADA), thereby applying the ministerial exception and exempting the religious institution from discrimination laws in this context.

Question 7

An employer in the food service industry can refuse to assign or transfer to a job, involving food handling, to any individual who has an infectious or communicable disease that could be transmitted to others through the handling of food.

Accepted Answer

Employers in the food service industry are allowed to refuse to assign or transfer individuals to positions involving food handling if those individuals have infectious or communicable diseases that could be transmitted through food, as a measure to protect public health and safety.

Question 8

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

Accepted Answer

A direct threat is a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation, according to the Americans with Disabilities Act (ADA).

Question 9

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 10

Employers do not retain the right to refuse to hire or promote individuals with a disability who are unable to meet standards, tests, or criteria.

Accepted Answer

Employers can refuse to hire or promote individuals with disabilities if those individuals are unable to meet the essential standards, tests, or criteria required for the job, provided these requirements are job-related and consistent with business necessity.

Question 11

The Rehabilitation Act of 1973 does not protect the employment rights of individuals with a disability.

Accepted Answer

The Rehabilitation Act of 1973, specifically through Section 504, protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance, including employment rights within these entities.

Question 12

The Americans with Disabilities Act (ADA)prohibits retaliation against any individual because the individual has opposed any act or practice unlawful under the ADA or because the individual has filed a charge or participated in any manner in a proceeding under the ADA.

Accepted Answer

The ADA includes provisions that protect individuals from retaliation if they engage in activities such as opposing ADA violations, filing charges, or participating in investigations or lawsuits related to ADA compliance.

Question 13

Employers can hire, select, or promote individuals based on tests, standards, or criteria that are job related or are consistent with business necessity.

Accepted Answer

Employers are allowed to use tests, standards, or criteria for hiring, selecting, or promoting employees as long as these measures are directly related to the job or are necessary for the business, ensuring that the selection process is fair and relevant to the job's requirements.

Question 14

The Americans with Disabilities Act (ADA)protects employees who use illegal drugs and alcoholics who are under the influence of alcohol at the workplace.

Accepted Answer

The ADA does not protect employees who are currently using illegal drugs. While it does protect alcoholics, it does not protect employees who are under the influence of alcohol at the workplace and whose performance is impaired due to alcoholism.

Question 15

The Americans with Disabilities Act (ADA)considers a drug test to be a medical examination, and it prohibits an employer from administering drug tests to its employees or from making employment decisions based on the results of such tests.

Accepted Answer

The Americans with Disabilities Act (ADA) does not consider drug tests to be medical examinations, and it does not prohibit employers from administering drug tests to employees or making employment decisions based on the results. Employers are allowed to test for illegal drug use and make employment decisions based on such tests.

Question 16

In Hazelwood v. Highland Hospital, the court held that the employer violated the ADA by terminating a deaf employee.

Accepted Answer

In Hazelwood v. Highland Hospital, there is no record of such a case specifically addressing the termination of a deaf employee under the ADA. The case might be confused with another or does not exist as described. Cases involving the ADA (Americans with Disabilities Act) often deal with discrimination against employees with disabilities, but the specific case mentioned does not match known records.

Question 17

Under the Americans with Disabilities Act (ADA), an employer is required to make accommodation for an individual even if the accommodation would impose undue hardship on the operation of the business of the covered entity.

Accepted Answer

Under the Americans with Disabilities Act (ADA), an employer is not required to make an accommodation if it would impose an undue hardship on the operation of the business.

Question 18

Title I of the Americans with Disabilities Act (ADA)prohibits discrimination against individuals who are qualified for employment.

Accepted Answer

Title I of the Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment, provided they are qualified for the job.

Question 19

All the fifty states in the U.S. have their own laws that prohibit discrimination against individuals with disabilities.

Accepted Answer

All fifty states in the U.S. have laws that prohibit discrimination against individuals with disabilities, complementing federal laws like the Americans with Disabilities Act (ADA) which provides broad protections against discrimination.

Question 20

The Americans with Disabilities Act (ADA)applies to both private and public sector employers with fifteen or more employees but it does not apply to most federal government employers.

Accepted Answer

The ADA applies to private and public sector employers with 15 or more employees, but most federal government employers are covered under the Rehabilitation Act of 1973, not the ADA.

Quiz 10: Discrimination Based on Disability