Question 1

The Americans with Disabilities Act requires employers to have affirmative action programs for persons with disabilities.

Accepted Answer

The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for employees with disabilities, but it does not require affirmative action programs. Affirmative action programs are aimed at correcting past discrimination or improving diversity in the workforce, and are often required or encouraged by government agencies or contractors.

Question 2

Affirmative action is largely based on an executive order of the President.

Accepted Answer

Affirmative action was first introduced in 1961 by President John F. Kennedy through an executive order, which was later amended and expanded by subsequent presidents.

Question 3

The Supreme Court has ruled that being left-handed is a "disability" that is covered by the Americans with Disabilities Act.

Accepted Answer

This statement is false. Being left-handed is not considered a disability under the Americans with Disabilities Act. The ADA covers disabilities that substantially limit a major life activity, such as hearing, seeing, walking, or speaking. Being left-handed does not fall under this definition.

Question 4

Employers may put in place a "flexible" affirmative action program.

Accepted Answer

Employers may choose to implement a flexible affirmative action program in order to increase diversity within their workforce while still ensuring that merit-based hiring and promotion decisions are made. This may involve setting goals and timetables for improving representation of underrepresented groups or targeted outreach efforts to potential job candidates from these groups.

Question 5

A person may be covered by the American with Disabilities Act even if the person is
not disabled,but other people think the person is disabled.

Accepted Answer

The ADA covers individuals who are perceived as having a disability, even if they do not actually have a disability. This is known as a "perceived disability" and is protected under the ADA.

Question 6

In cases of affirmative action,the courts have held that discrimination in favor of persons of certain religions may be legal.

Accepted Answer

Affirmative action typically pertains to measures taken to improve opportunities for historically underrepresented groups in areas such as employment and education, focusing on attributes like race, gender, or ethnicity, rather than religion. Discrimination based on religion is generally prohibited under laws such as the Civil Rights Act of 1964 in the United States.

Question 7

A person who took a job to work on utility poles and then discovered he was afraid to climb poles would be protected as a disabled person who could not be fired.

Accepted Answer

Being afraid to climb utility poles does not qualify as a disability under most disability protection laws, such as the Americans with Disabilities Act (ADA), which typically cover physical or mental impairments that substantially limit one or more major life activities.

Question 8

In U.S.v.Paradise the Supreme Court held that a court ordered affirmative action program that required the Alabama highway patrol to make sure that 25 percent of all employees at all ranks were African-Americans was too extreme.

Accepted Answer

In U.S. v. Paradise, the Supreme Court upheld the affirmative action program, finding that the 25 percent requirement was a necessary and appropriate remedy to address the systemic discrimination within the Alabama highway patrol.

Question 9

Affirmative action programs often require extra pay to be given to minority workers compared to the white workers to do the same work.

Accepted Answer

Affirmative action programs typically do not require extra pay to be given to minority workers compared to white workers for the same work. The goal is to provide equal opportunities and to combat discrimination, not to prioritize one group over another in terms of compensation.

Question 10

Lawsuits brought under the Americans with Disabilities Act,are generally handled in
the same manner as suits brought under Title VII.

Accepted Answer

Lawsuits brought under the Americans with Disabilities Act are generally handled in the same manner as suits brought under Title VII, which prohibits employment discrimination based on race, color, religion, sex, or national origin.

Question 11

An example of a disability covered by the Americans with Disabilities Act is a serious heart attack.

Accepted Answer

According to the Americans with Disabilities Act (ADA), a serious heart attack can be considered a disability if it substantially limits a major life activity, such as working or cardiovascular function.

Question 12

An employer who refuses to hire someone because they have been addicted to drugs or alcohol may be violating the Americans with Disabilities Act.

Accepted Answer

Under the Americans with Disabilities Act (ADA), addiction to drugs or alcohol is considered a disability and therefore an employer cannot discriminate against someone solely on the basis of their past addiction. However, an employer can still have drug-free workplace policies and may refuse to hire or terminate an employee for being currently engaged in the illegal use of drugs.

Question 13

In Gretillat v.Care Initiatives,where Gretillat was forced out of her job because she had physical problems,the appeals court held that the employer failed to make reasonable accommodations for her.

Accepted Answer

The answer of In Gretillat v.Care Initiatives,where Gretillat was forced...

Question 14

A worker who is too obese to handle certain physical aspects of a job can be fired and not receive protection under the Americans with Disabilities Act.

Accepted Answer

While obesity may be considered a disability under the Americans with Disabilities Act, there is no automatic protection for individuals who are too obese to perform their job duties. The determination of whether or not an individual is qualified for a job is based on their ability to perform the essential functions of the job with or without reasonable accommodation. If an obese worker is unable to perform the essential functions of their job even with reasonable accommodation, they may not be protected from termination.

Question 15

Comparing the race and sex composition of a company's workforce to the relevant labor market is an aspect of affirmative action called underutilization analysis.

Accepted Answer

This statement is true. Underutilization analysis involves comparing the representation of specified groups in a company's workforce to the availability of those groups in the relevant labor market to identify areas where the company may be underutilizing certain groups and need to take affirmative action to improve diversity and inclusion.

Question 16

A qualified job applicant is confined to a wheelchair.An employer does not have to hire the person if the bathrooms at the place of employment are not wheelchair accessible.

Accepted Answer

According to the Americans with Disabilities Act (ADA) of 1990, employers are required to make reasonable accommodations for qualified individuals with disabilities, including providing accessible restrooms. Refusing to hire someone solely because of their disability and without considering reasonable accommodations would be considered discrimination under the ADA.

Question 17

The Rehabilitation Act of 1973 requires employers to establish programs to help ex-convicts re-enter society.

Accepted Answer

The Rehabilitation Act of 1973 primarily focuses on prohibiting discrimination against individuals with disabilities in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. It does not specifically require employers to establish programs for ex-convicts.

Question 18

In Gretillat v.Care Initiatives,where Gretillat was forced out of her job because she had physical problems,the appeals court held that the employer had no obligation as Gretillat was not disabled.

Accepted Answer

The appeals court held that the employer had no obligation as Gretillat was not disabled.

Question 19

In cases of affirmative action,the courts have held that discrimination in favor of qualified women or minority workers may be legal.

Accepted Answer

This is because the purpose of affirmative action is to remedy past discrimination and promote diversity and equality in the workplace. However, the affirmative action program must be narrowly tailored and not unduly burden non-minority or non-female employees.

Question 20

Affirmative action programs may be imposed on employers with 50 or more employees who do $50,000 or more business with the federal government.

Accepted Answer

This is true as per the guidelines of Executive Order 11246.

Quiz 17: Employment Discrimination