Question 1

Claudette is 59 years old.Since her job description was changed to include customer relations duties,her performance has declined.Over the past year Claudette has been counseled by her manager,sent to training,and received warnings about her poor performance.Claudette's performance is still not acceptable and there are no appropriate positions available for her to be transferred into.The employer will not be subject to an age discrimination claim if it discharges Claudette at this point.

Accepted Answer

The employer has taken multiple steps to address Claudette's poor performance and there are no appropriate positions for her to be transferred into. Age is not a factor in this decision, as the employer has a legitimate reason for terminating Claudette's employment.

Question 2

What are the major requirements of the Americans with Disabilities Act? How has the ADA impacted both employers and individuals with disabilities? What actions should an employer take to insure compliance with the ADA?

Accepted Answer

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Question 3

It is illegal for employers to collect genetic information from employees,even if the intent is to protect vulnerable employees from conditions that might be dangerous for them.

Accepted Answer

The Genetic Information Nondiscrimination Act (GINA) prohibits employers from requesting or receiving genetic information from employees or their family members. This law was enacted to prevent discrimination against individuals based on their genetic information.

Question 4

For years after she broke her hip in a car wreck Becky was addicted to prescription pain medication.Now,Becky is free of her addiction,but she continues to attend a 12-step program to stay drug free.Becky is covered by the ADA.

Accepted Answer

Becky's previous addiction to prescription medication qualifies as a disability under the ADA, and attending a 12-step program can be considered a reasonable accommodation to help her maintain her recovery.

Question 5

A staff attorney for a large commercial real estate development firm,whose salary is $175,000,has returned from military duty in Iraq with injuries to both hands that prevent her from using a keyboard.Equipping her computer with voice recognition software that will allow the attorney to do carry out her job duties will cost over $3,000.The firm can refuse to accommodate the attorney's disability because this would be an undue hardship.

Accepted Answer

The firm cannot refuse to accommodate the attorney's disability because it would violate the Americans with Disabilities Act (ADA). The cost of the accommodation may be considered as a factor in determining whether it is an undue hardship, but it would not automatically justify denying the accommodation.

Question 6

Glenda was not wearing a helmet when she had a bicycle accident which left her with a brain injury that affected her concentration and short term memory.Glenda had been an auditor for a large regional accounting firm.It would be legal for her employer to remove Glenda from her auditor's job and offer Glenda a transfer to a lesser-paying job that is within her capabilities.

Accepted Answer

Glenda's brain injury may affect her ability to perform the duties of her previous job as an auditor. The employer has a legal responsibility to provide reasonable accommodations for employees with disabilities, but if Glenda's injury prevents her from performing essential job functions even with accommodations, the employer may offer her a transfer to a different job that she is capable of performing. This may result in a lower salary if the new job pays less than the auditor position.

Question 7

Clara,an accounts receivable clerk at a large insurance agency,has just converted to a religion which requires women to wear modest clothing (high-necked,long-sleeved tops,ankle-length skirts,closed-toed shoes,and a small bonnet that covers her hair).Clara's employer must provide reasonable accommodation and allow Clara to wear her garb,even though some of her coworkers are annoyed at Clara's "ostentatious modesty."

Accepted Answer

Under Title VII of the Civil Rights Act of 1964, employers must provide reasonable accommodations for employees' sincerely held religious beliefs, unless it would cause an undue hardship on the business. Clara's request to wear modest clothing is likely a reasonable accommodation that her employer must provide. The annoyance of her coworkers does not outweigh her right to religious expression.

Question 8

Some cities have made it possible for domestic partners (heterosexual or homosexual)to have benefits coverage through their partner's employer.

Accepted Answer

Many cities and states have implemented domestic partnership laws that allow for benefits coverage for domestic partners. This includes both heterosexual and homosexual couples. The specifics of the laws and coverage may vary depending on the city or state.

Question 9

When interviewing an individual over 65 for a job,it is legal for the interviewer to inquire about the person's medical history because age is not a disability and thus not protected by the ADA.

Accepted Answer

While age is not considered a disability under the ADA, it is still illegal for an interviewer to inquire about an individual's medical history during a job interview. This is in violation of the Age Discrimination in Employment Act (ADEA).

Question 10

Ambrose says that after a traffic accident on the bridge over the Mississippi River in St.Louis,he has developed a disabling panic disorder that prevents him from driving a car safely over a bridge.Ambrose is requesting a transfer to a job that does not require extensive car travel.As HR Director,you know that you must take Ambrose's word regarding his condition,because it is illegal for you to contact his psychiatrist to obtain medical verification.

Accepted Answer

Under the Americans with Disabilities Act (ADA), employers have the right to request medical documentation to verify the existence of an employee's disability and the need for an accommodation, provided that the request is job-related and consistent with business necessity.

Question 11

Peggy has been a sales clerk in the designer apparel section of an upscale department store for eight years.The clerks in the designer department make higher pay than employees in other departments because of a commission system on sales. In the last year,Peggy has gained 50 pounds.Her supervisor,Olive,wants to have Peggy transferred out of the designer department to another department.As director of HR,you should tell Olive that it would be discriminatory to transfer Peggy unless Peggy's weight makes it impossible for her to perform her job well.

Accepted Answer

It would be discriminatory to transfer Peggy based solely on her weight, as long as her weight doesn't impact her ability to perform her job. The decision to transfer an employee should be made based on job performance and qualifications, not appearance or personal characteristics.

Question 12

Because of the Baby Bust following the Baby Boom,older workers are becoming more valuable to employers as the pool of younger workers shrinks.Consequently,discrimination complaints under the ADEA are declining.

Accepted Answer

Despite older workers becoming more valuable due to a shrinking pool of younger workers, discrimination complaints under the Age Discrimination in Employment Act (ADEA) have not necessarily declined. The value of older workers does not directly correlate with a decrease in discrimination complaints, as these complaints can be influenced by a variety of factors including workplace culture, awareness of rights, and enforcement of anti-discrimination laws.

Question 13

A highly-skilled foreign research scientist in the field of optics could be hired by a U.S.firm if he could be granted an H-1B visa.

Accepted Answer

This statement is true. The H-1B visa program allows skilled foreign workers to be employed in the United States for a certain period of time. Optics is a field in which highly-skilled workers are in demand, so it is possible for a U.S. firm to hire a foreign research scientist in this area if they can obtain an H-1B visa.

Question 14

What are the legal and practical issues surrounding employing older workers?

Accepted Answer

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Question 15

Shirley is a member of the Air Force Reserves.She was concerned that she would not be hired if the company knew that she was in the reserves and could be called up for active service at any time.So,she did not tell the employer that she was a reservist.After she had been with the company for eight months,Shirley's unit was called to go to Iraq.Her employer terminated Shirley's employment when it learned of Shirley's military status.Shirley can charge her former employer with violation of the USERRA.

Accepted Answer

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Question 16

Obesity is not considered as a disability under the ADA,even if the individual's ability to walk is impaired by his/her weight,because this condition is the result of the individual's own lifestyle and can be changed by the individual.

Accepted Answer

Obesity can be considered a disability under the Americans with Disabilities Act (ADA) if it substantially impairs a major life activity, such as walking. The cause of the obesity is not a determining factor in whether it is considered a disability.

Question 17

Discuss in some detail two gender-based discrimination issues,other than sexual harassment.What,if any,legislation exists to address these issues?

Accepted Answer

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Question 18

The "sandwich generation" is defined as the generation that must cope with increasing responsibilities at work at the same time that they must cope with increasing responsibilities at home.

Accepted Answer

The "sandwich generation" refers to the group of people who are simultaneously caring for their aging parents and their own children, rather than specifically referring to increasing responsibilities at work and home.

Question 19

In general,the EEOC has upheld employer requirements that employees speak only English at certain times or in certain circumstances if the employer can justify a business necessity such as safety.

Accepted Answer

The EEOC has upheld employer requirements that employees speak only English at certain times or in certain circumstances if it can be justified as a business necessity, such as safety concerns.

Question 20

Why are some forms of "discrimination" among applicants or employees legal and productive for the organization and why are some forms of discrimination illegal?

Accepted Answer

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Quiz 3: Equal Employment Opportunity